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Supreme Court Takes a Pass on Unite HERE v. Mulhall

The Supreme Court dismissed the appeal of Unite Here v. Mulhall, a case it had agreed to hear and, in fact, had held oral argument in just last month. The dismissal leaves in effect an 11th Circuit ruling that held that a so called “neutrality agreement” between a Unite Here local and a Florida racetrack could have violated federal labor law.

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The dismissal in effect reversed the granting of certiorari and have limited precedential effect. Interestingly, three of the Justices Breyer, Kagan, and Sotomayor would have asked for more briefing on several procedural questions which could have mooted the case, rather than dismissing the writ in its entirety.

The dismissal leaves a split among the appellate circuits as to the permissibility of neutrality agreements. Whether the Supreme Court takes up the issue again in another case remains to be seen.

© 2022 BARNES & THORNBURG LLPNational Law Review, Volume III, Number 345
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About this Author

Steve Hernandez, Barnes Thornburg Law Firm, Los Angeles, Labor and Employment Law Attorney
Partner

Steve L. Hernández is a partner in the Los Angeles office of Barnes & Thornburg. A member of the firm’s Labor and Employment Law Department, Mr. Hernández focuses his practice on traditional labor and employment law. Mr. Hernández has extensive experience litigating class action matters.

Mr. Hernández also brings four years of experience as an attorney with Region 21 of the National Labor Relations Board (NLRB) to his practice. While at the NLRB, Mr. Hernández investigated unfair labor practice, litigated unfair labor practice complaints,...

310-284-3775
Scott Witlin Employment lawyer Barnes Thornburg
Partner

Scott J. Witlin is a partner and the administrator of the Labor & Employment Department in the firm's Los Angeles office. He is Co-Chair of the firm's Wage and Hour Practice Group and a member of the firm's Entertainment, Media and Sports Practice Group.

Scott assists companies in dealing with the challenges of employing workers in California and throughout the U.S. Scott's practice includes both traditional labor and employment law matters, including wage and hour class actions, arbitrations, collective bargaining negotiations, compliance with various guild and union agreements...

310-284-3777
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