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 (key to color coding)
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.