571 U.S. 83
SCOTUS2013Background
- Unite Here Local 355 petitions for certiorari to review Eleventh Circuit interpretation of §302(a)/(b) of LMRA regarding employer promises to a union; the promises include neutrality, union access to nonpublic areas, and listing employees for organizing.
- Mulhall allegedly promised these arrangements to aid a union organizing effort; question whether such promises are unlawful “things of value” under §186(a)(2).
- Eleventh Circuit held these items are things of value and potentially criminal if intended to corrupt or extort; conflict among circuits regarding scope of §302.
- Court granted certiorari to resolve the circuit split; issues include mootness and standing before reaching merits.
- Supreme Court dismissed certiorari as improvidently granted; the dissent urged briefing on mootness, standing, and the private right of action under §302.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether employer promises to assist organizing fall within §302(a) as things of value | Unite Here contends promises are things of value. | Mulhall contends promises may not be unlawful things of value. | Not reached; cert dismissed. |
| Whether union's request to enforce promises falls within §302(b) | Union argues requests to perform promises constitute payments/obligations. | Mulhall argues not coercive or extortionate under §302(b). | Not reached; cert dismissed. |
| Whether case is moot or Mulhall lacks Article III standing | Either mootness or lack of standing would deprive Court of jurisdiction. | Arguments center on jurisdictional prerequisites. | Not reached; Court dismissed for improvident grant. |
Key Cases Cited
- Sinclair Refining Co. v. Atkinson, 370 U.S. 195 (1962) (private action status unclear; injunctions mentioned in §302(e))
- Boys Markets, Inc. v. Retail Clerks, 398 U.S. 235 (1970) (private rights of action questioned; injunctions discussed)
- Alexander v. Sandoval, 532 U.S. 275 (2001) (limits on private rights of action; federalism concerns)
- Adcock v. Freightliner LLC, 550 F.3d 369 (4th Cir. 2008) (circuit approach to §302 scope; organizing assistance debate)
- Sage Hospitality Resources, LLC v. Hotel Employees, Local 57, 390 F.3d 206 (3d Cir. 2004) (analysis of union organizing conduct and §302 scope)