Lake Erie Conservative

thoughtful discussion(s) about issue(s)

… This Court Case has the Liberals Scared to Death …

Posted by paulfromwloh on Tuesday,December 24th,2013

.. and they have a likely settlement (it would be my guess) to thank for making the case ” moot ” at the U.S. Supreme Court …

.. otherwise , there were at least 6 votes to shoot down the union ‘ s favourite tactic these days , the neutrality agreement …

.. [h/t the Wall Street Journal] …
.. [h/t Cornell Law Library] …

..[link] to the WSJ editorial [from December 14th , 2013]

..[link] to the law library case description …
(*note* — the Cornell University Law School library site is a real dandy . It is fantastic for so many things legal . If you can contribute , great . feel free to make use of it for your legal needs …)

Does an agreement stipulating that an employer will remain neutral and give access to employee information in exchange for a union’s support of an employer-friendly ballot initiative, constitute a “thing of value” in violation § 302 of the Labor-Management Relations Act; or, must a thing of value be monetary for purposes of § 302?

.. the case is Unite Here Local 335 v Mulhall . It was up before the Supreme Court for oral argument . They were already held , but in December , the case was ” DIGed , ” or dismissed as improvidently granted . Basically , the case was (I think) settled to prevent a unions loss at the Supreme Court . I believe that there were definitely 5 , and probably 6 , votes to win the case . It would have set a disastrous nationwide precedent , taking away one of the union ‘ s favourite tactics , the neutrality agreement .

.. It would also , by extention , neuter any union ‘ s attempt at a corporate campaign against a company . The loss of the neutrality agreement would render the c. c. useless , since the company could agree to nothing , and the union could receive nothing in return . Neither side could do anything to stack the deck . It would empower individual members , as it had before , to sue to stop the tactic .

.. Eventually , a new case will make it to the court . The 11th Circuit case rings out loud as a bell , and sets a pattern that sets the way for a new fact pattern to be brought before the court . This time , the legal representatives will be prepared to block any potential settlement before a decision is reached ..

.. from the WSJ editorial ..

This has large potential implications for Big Labor, which has increasingly sought these neutrality agreements to make it easier to organize a work site. The rights of workers get washed out in such bargains that violate the Taft-Hartley Act’s ban on giving a “thing of value” to help organizing. Let’s hope the Justices find another case soon to make clear that such sweetheart deals are illegal.

.. LEC here again — So do I . I believe that a pattern has been set , and the Right – to – Work folks will have several cases that will come through . I hope that they do …

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