The U.S. Supreme Court has just granted certiorari in a case involving use of card check neutrality agreements in a labor context. United Here Local 355 v. Mulhall, No. 12-99. Although not as significant as the Noel Canning NLRB recess appointment case for which the Supreme Court also granted review this morning, this issue is significant for our union-free and partially unionized clients since it is a common approach used by unions today. The question presented is:
Whether an employer and union may violate Section 302 of the Labor-Management Relations Act, 29 U.S.C. § 186, 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.