Unite Here Local 355 v. Mulhall
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 12-99 | 11th Cir. | Nov 13, 2013 | Dec 10, 2013 | TBD | Per Curiam | OT 2013 |
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.
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.
SCOTUSblog Coverage
- Opinion analysis: Union organizing lives to fight another day -- but so do its opponents (William Gould, December 11, 2013)
- The Court ponders labor neutrality: More Justice Kennedy scale-tipping? (William Gould, November 15, 2013)
- Argument preview: Unite or disunite – another roadblock to union organizing and collective bargaining? (William Gould, November 1, 2013)
- Petition of the day (Ben Cheng, October 18, 2012)
| Date | Proceedings and Orders |
|---|---|
| 07/20/2012 | Petition for a writ of certiorari filed. (Response due August 23, 2012) |
| 08/22/2012 | Brief of respondent Martin Mulhall in support filed. |
| 09/05/2012 | DISTRIBUTED for Conference of September 24, 2012. |
| 10/10/2012 | DISTRIBUTED for Conference of October 26, 2012. |
| 10/31/2012 | Response Requested . (Due November 30, 2012) |
| 11/20/2012 | Brief of respondent Hollywood Greyhound Track, Inc.d/b/a/ Mardi Gras Gaming in opposition filed. VIDED. |
| 11/21/2012 | Response to conditional cross - petition from respondent Unite Here Local 355 filed. VIDED. |
| 11/30/2012 | Reply of cross-petitioner Martin Mulhall filed. VIDED. |
| 12/04/2012 | Reply of petitioner Unite Here Local 355 filed. VIDED. |
| 12/05/2012 | DISTRIBUTED for Conference of January 4, 2013. |
| 01/07/2013 | DISTRIBUTED for Conference of January 11, 2013. |
| 01/14/2013 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| 05/24/2013 | Brief amicus curiae of United States filed. VIDED. |
| 06/03/2013 | Supplemental brief of Martin Mulhall in response to brief amicius curiae of the United States filed. (Distributed) VIDED. |
| 06/03/2013 | Reply of petitioner Unite Here Local 355 to brief for United States as amicus curiae filed. VIDED. (Distributed) |
| 06/04/2013 | DISTRIBUTED for Conference of June 20, 2013. |
| 06/24/2013 | Petition GRANTED. |
| 07/12/2013 | The time to file the joint appendix and petitioners' brief on the merits in the above-entitled case is extended to and including August 15, 2013. |
| 07/12/2013 | The time to file respondents' briefs on the merits is extended to and including September 20, 2013. |
| 07/24/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent Hollywood Greyhound Track, Inc. |
| 07/24/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent Martin Mulhall. |
| 08/13/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioner. |
| 08/15/2013 | Joint appendix filed. |
| 08/15/2013 | Brief of petitioner Unite Here Local 355 filed. |
| 08/20/2013 | SET FOR ARGUMENT on Wednesday, November 13, 2013. |
| 08/20/2013 | Brief amicus curiae of National Academy of Arbitrators filed. |
| 08/22/2013 | Brief amicus curiae of United States filed. |
| 08/22/2013 | Brief amici curiae of American Federation of Labor and Congress of Industrial Organizations, et al. filed. (Distributed) |
| 08/26/2013 | CIRCULATED. |
| 09/16/2013 | Record received from U.S.C.A. for 11th Circuit. (1 envelope) |
| 09/17/2013 | Record received from U.S.D.C. for Southern District of Florida. (1 box) |
| 09/20/2013 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 09/20/2013 | Brief of respondent Martin Mulhall filed. (Distributed) |
| 09/20/2013 | Brief of respondent Hollywood Greyhound Track, Inc. filed. (Distributed) |
| 09/27/2013 | Brief amici curiae of National Federation of Independent Business Small Business Legal Center, et al. filed. (Distributed) |
| 09/27/2013 | Brief amicus curiae of Council on Labor Law Equality filed. (Distributed) |
| 09/27/2013 | Brief amicus curiae of Center for Constitutional Jurisprudence filed. (Distributed) |
| 10/18/2013 | Reply of petitioner Unite Here Local 355 filed. (Distributed) |
| 10/21/2013 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 11/13/2013 | Argued. For petitioner: Richard G. McCracken, San Francisco, Cal.; and Michael R. Dreeben, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) for respondents: William L. Messenger, Springfield, Va. |
| 12/10/2013 | Writ of certiorari DISMISSED as improvidently granted. Breyer, J., with whom Sotomayor and Kagan, JJ., join, dissenting. Opinion per curiam. |
| 01/13/2014 | JUDGMENT ISSUED. |
| 01/15/2014 | Record from U.S.D.C. Southern District of Florida has been returned. |
| 01/15/2014 | Record from U.S.C.A. 11th Circuit has been returned. |
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.