Unite Here Local 355 v. Mulhall

Docket No. Op. Below Argument Opinion Vote Author Term
12-99 11th Cir. Nov 13, 2013
Tr.Aud.
Dec 10, 2013 TBD Per Curiam OT 2013
 
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Issue: Whether an employer and union may violate Section 302 of the Labor-Management Relations Act, 29 U.S.C. § 186, by entering into an agreement under which the employer exercises its freedom of speech by promising to remain neutral to union organizing, its property rights by granting union representatives limited access to the employer’s property and employees, and its freedom of contract by obtaining the union’s promise to forego its rights to picket, boycott, or otherwise put pressure on the employer’s business.

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Judgment: Dismissed as improvidently granted in a per curiam opinion on December 10, 2013. Justice Breyer wrote a dissenting opinion, in which Justice Sotomayor and Kagan joined.

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Issue: Whether an employer and union may violate Section 302 of the Labor-Management Relations Act, 29 U.S.C. § 186, by entering into an agreement under which the employer exercises its freedom of speech by promising to remain neutral to union organizing, its property rights by granting union representatives limited access to the employer’s property and employees, and its freedom of contract by obtaining the union’s promise to forego its rights to picket, boycott, or otherwise put pressure on the employer’s business.
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