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High Court Dismisses UNITE HERE, Leaves Neutrality Agreements Issues Undecided

This morning, in a per curiam opinion, the Supreme Court of the United States dismissed the writ of certiorari in UNITE HERE Local 355 v. Mulhall as improvidently granted. As a result, the high court will not consider the issue of whether an employer’s actions assisting a union in organizing employees constitutes a violation of section 302 of the Labor-Management Relations Act, often known as the Taft-Hartley Act.

Supreme Court Grants Review of Whether Neutrality, Card Check Agreements Violate LMRA

Overshadowed by the Supreme Court’s decision to hear the National Labor Relations Board’s appeal of Noel Canning, the D.C. Circuit’s recess appointments ruling, the Supreme Court also granted certiorari in Mulhall v. UNITE HERE Local 355 to resolve a split among the circuit courts about whether neutrality or card check agreements between an employer and a union violate Section 302 of the Labor Management Relations Act (LMRA). Section 302 makes it illegal for an employer to “pay,” “loan,” or “deliver” (or for a union to receive from an employer) any “thing of value,” subject to a few exceptions not relevant to Mulhall.
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