The Supreme Court has agreed to hear a challenge to the 11th Circuit’s decision that the Labor Management Relations Act may prevent employers from entering into agreements to remain neutral during union organizing campaigns. In addition to sidelining employers during campaigns, some neutrality agreements go even further and may provide union organizers access to the employer’s facilities during an organization campaign or with contact information for employees. Employers have entered into neutrality agreements in response to union “corporate campaign” pressure, or in exchange for a promise from the union not to picket or boycott, assuming that such agreements were legal.

A decision from the Supreme Court could essentially validate the use of such agreements and encourage unions to engage in corporate campaigns designed to pressure employers to remain neutral during organization efforts. The Supreme Court could also significantly restrict or eliminate the use of such agreements or clarify the circumstances in which such agreements would be lawful.