Unite Here Local 355 v. Mulhall (571 U.S. 83)
U.S. Supreme Court · decided December 10, 2013 · Supreme Court Database (Spaeth)
- Citation
- 571 U.S. 83 · 134 S. Ct. 594
- Docket
- No. 12-99
- Argued
- November 13, 2013
- Decided
- December 10, 2013
- Term
- October Term 2013
- Vote
- 6–3
- Issue area
- Unions
- Disposition
- Petition denied or appeal dismissed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
How the Justices voted
- Majority
- Chief Justice Roberts, Justice Scalia, Justice Kennedy, Justice Thomas, Justice Ginsburg, Justice Alito
- Dissenting
- Justice Breyer (wrote), Justice Sotomayor, Justice Kagan
Oral argument transcript and advocates · Opinion on Justia
Opinion excerpt
PER CURIAM. The writ of certiorari is dismissed as improvidently granted. It is so ordered. Justice BREYER, with whom Justice SOTOMAYOR and Justice KAGAN join, dissenting. Section 302(a) of the Labor Management Relations Act, 1947, 61 Stat. 157, as amended, an antibribery provision, makes it a crime for an employer "to pay, lend, or deliver, or agree to pay, lend, or deliver, any money or other thing of value" to a labor union that represents or seeks to represent its employees. 29 U.S.C. § 186(a)(2). Section 302(b) makes it a crime "for any person to request [or] demand ..., or agree to receive or accept, any payment, loan, or delivery of any money or other thing of value prohibited by subsection (a)." § 186(b)(1). The question in this case is whether an employer violates § 302(a) by making the following promises to a union that seeks to represent its employees: (1) that the employer will remain neutral in respect to the union's efforts to organize its employees, (2) that the union will be given access (for organizing purposes) to nonpublic areas of the employer's premises, and (3) that the union will receive a list of employees' names and contact information (also for organizing purposes). A further question (the other side of the same coin) is whether a union violates § 302(b) by requesting that the employer perform its contractual obligations to fulfill these promises.…
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