Blog Post
Dec 10, 2013
The Dispute Over Pre-Recognition Neutrality Agreements Continues as the Supreme Court Dismisses Certiorari in UNITE HERE Local 355 v. Mulhall . . .
The Supreme Court of the United States today dismissed as improvidently granted its original grant of certiorari in UNITE HERE Local 355 v. Mulhall (“Mulhall”).[1] As previously discussed on this blog by both Jeremy P. Sherman, Esq. and Bradford L. Livingston, Esq., the Supreme Court’s decision in Mulhall would have resolved a Courts of Appeals split regarding whether pre-recognition employer neutrality agreements are, or may be, unlawful because they provide the union with a “thing of value,” in violation of Section 302 of the Labor Management Relations Act, 29 U.S.C. Section 186.
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