Supreme Court Enters the Union Battles

[xchrom]

http://www.bloomberg.com/news/2013-11-12/supreme-court-enters-the-union-battles.html

Fights over forming unions are hardball -- which is why the decision process is more heavily regulated than almost any other act of association in American life. One popular technique favored by unions is to promise management something in exchange for a promise to stay neutral and even allow organizers access to the workplace.

Now a federal appeals court has essentially banned these neutrality agreements, and the U.S. Supreme Court will hear arguments to decide whether a side deal between a union and management is a form of illegal bribery or just part of the game.

The facts of Unite Here Local 355 v. Mulhall are straightforward. The union promised the Mardi Gras Gaming Co., owner of a racetrack in Hallandale, Florida, to support a public gambling initiative to the tune of $100,000 and refrain from picketing during its unionization campaign. In exchange, the company agreed not to oppose unionization. Mardi Gras Gaming also agreed to recognize the union if a majority of employees submitted written cards saying they wanted a union (“card check”), sparing the union the need for a secret-ballot election.

Federal appeals courts for the Third and Fourth circuits -- which cover the mid-Atlantic region -- had in the past upheld such neutrality agreements. But the U.S. Court of Appeals for the 11th Circuit, which covers Florida, Alabama and Georgia, struck down the deal between the union and Mardi Gras Gaming. It reasoned that management’s promise of neutrality and allowing card check amounted to the “delivery” of “a thing of value” to the union in contravention of the iconic Labor Management Relations Act of 1947, also known as the Taft-Hartley Act. Faced with a split of authority between different circuits, the Supreme Court took the case.

[leftyohiolib]

1. r u fking kidding me

a side deal between a union and management is a form of illegal bribery or just part of the game. well mabye if they rule it such then maybe we can ban lobbying as a form of bribery

[Laelth]

2. Excellent essay. k&r for exposure. n/t

-Laelth