Tuesday, December 10, 2013

SCOTUS DIGs "most significant labor case in a generation"

This just in, the Supreme Court issued this order dismissing Unite Here Local 355 v. Mulhall (SCOTUSBlog page) as improvidently granted (i.e. DIG'd). This case was dubbed, "the most significant labor case in a generation." The Court was supposed to decide:
Whether an employer and union may violate § 302 [of the Labor-Management Relations Act] by entering into an agreement under which the employer exercises its freedom of speech by promising to remain neutral to union organizing, its property rights by granting union representatives limited access to the employer’s property and employees, and its freedom of contract by obtaining the union’s promise to forego its rights to picket, boycott, or otherwise put pressure on the employer’s business?
For those of you keeping track at home, this is the second labor and employment law case that SCOTUS has DIG'd this term. Earlier they dismissed Madigan v. Levin, a public employee age discrimination case. Knock it off SCOTUS (or, if you must, DIG some of those patent or criminal procedure cases I don't follow instead)!

The dismissal in Unite Here was a one-line per curiam. That said, Justice Breyer (joined by Justices Sotomayor and Kagan) penned a three-page dissent.