Last month, the Eleventh Circuit issued an important ruling in favor of an employee who is accusing his employer and UNITE HERE of violating the Labor Management Relations Act (“LMRA”) by entering into an organizing rights agreement that includes employer neutrality and employee access features.  In Mulhall v. UNITE HERE Local 355, No. 11-10594 (11th Cir. January 18, 2012), the Court reversed a lower court decision dismissing Mulhall’s lawsuit.  That court had held that Section 302 of the LMRA, which forbids employers from “pay[ing], lend[ing] or deliver[ing]” money or any other “thing of value” to a labor organization, could not be construed to outlaw voluntary agreements between employers and unions that set conditions for union organizing campaigns.
Continue Reading Eleventh Circuit Holds That Employer Neutrality Agreement May Be A “Thing Of Value” Under LMRA; Creates Circuit Split