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Category:Supreme Court

Loans, Deliveries and Money in Mulhall

Dec 4, 2013 Alison Deich

In Unite Here Local 355 v. Mulhall, the parties have asked the Supreme Court to interpret §302 of the Labor Management Relations Act (LMRA), which provides that an employer may not “pay, lend, or deliver… any money or other thing of value” to a union. Unite Here claims that the term “thing of value” must […]

The WSJ's Legal Mistake on Mulhall

Nov 19, 2013 Benjamin Sachs

The Wall Street Journal’s editorial page argued last week that the Supreme Court should hold in favor of Mulhall and declare organizing agreements “thing[s] of value” that employers may not “pay, lend, or deliver” to unions. In the course of making this argument, the Journal makes a significant legal error. It’s worth pointing this out […]

CATO's Trevor Burrus on the "Niggling Problem” in Mulhall

Nov 14, 2013 Jack Goldsmith

Trevor Burrus, a Research Fellow at the CATO Institute Center for Constitutional Studies, writes in with this comment on yesterday’s oral argument in Mulhall: Thank you to Jack for letting me offer my thoughts on Mulhall. As a participant in a moot court with Mulhall’s attorney, William L. Messenger of the National Right to Work Legal […]

Another Reaction to the Mulhall Argument

Nov 13, 2013 Benjamin Sachs

Here’s another very quick reaction to the oral argument in Mulhall. One of more the interesting themes in today’s oral argument was developed during an exchange between Justice Scalia and William Messenger, the attorney for Respondent Mulhall. Justice Scalia was calling attention to something that the briefing in the case brought to light, and something […]

Quick Reactions to Mulhall Argument

Nov 13, 2013 Jack Goldsmith

I am traveling and have only a moment now to comment on today’s oral argument in Mulhall. After reading through the transcript once, my quick initial reactions are as follows. It is always hazardous to predict ultimate disposition from oral argument, but I would be shocked if the Court agreed with Respondent that bargaining agreements are always (or […]

Mulhall: Oral Argument Transcript

Nov 13, 2013 Benjamin Sachs

Here is the transcript from today’s oral argument in UNITE HERE Local 355 v. Mulhall. Analysis to follow.

Excellent Salon Piece on Mulhall

Nov 13, 2013 Jordan M. Grossman

Salon‘s Josh Eidelson has a great piece today on Mulhall, calling it a “huge under-the-radar case.” Eidelson quotes Ben Sachs’ work here at On Labor noting that “the case could effectively outlaw union organizing (or, at least, outlaw effective union organizing).”

Analyzing Mulhall On the Eve of Oral Arguments

Nov 12, 2013 Jordan M. Grossman

The Supreme Court will hear oral arguments in Unite Here Local 355 vs. Mulhall tomorrow. The case has generated significant attention in the media, with the New York Times, National Public Radio, the International Business Times, and many others reporting on what is “potentially ‘the most significant labor case in a generation.’” We have been covering Mulhall […]

Three Problems in Mulhall

Nov 12, 2013 Jordan M. Grossman

This is a re-post of Jack Goldsmith’s August 21, 2013 post titled, “Three Problems in Mulhall.“ I have already explained why the Supreme Court’s grant of certiorari in Mulhall seemed to defy its usual criteria for cert-worthiness, and suggested that at least four members of the Court were itching to affirm. After further pondering the case, and acknowledging that […]

Why Mulhall is a Hard Case

Nov 11, 2013 Jack Goldsmith

The Supreme Court case considering the legality of union organizing agreements – UNITE HERE Local 355 v. Mulhall – is being argued Wednesday. Ben describes Mulhall in today’s NYT as potentially “the most significant labor case in a generation.” The case is significant because, as Ben once noted, “essentially all successful union organizing campaigns today […]

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OnLabor

Law. Workers. Organizing.

OnLabor is a blog devoted to workers, unions, and their politics. We interpret our subject broadly to include the current crisis in the traditional union movement (why union decline is happening and what it means for our society); the new and contested forms of worker organization that are filling the labor union gap; how work ought to be structured and managed; how workers ought to be represented and compensated; and the appropriate role of government — all three branches — in each of these issues.

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Loans, Deliveries and Money in Mulhall

The WSJ's Legal Mistake on Mulhall

CATO's Trevor Burrus on the "Niggling Problem” in Mulhall

Another Reaction to the Mulhall Argument

Quick Reactions to Mulhall Argument

Mulhall: Oral Argument Transcript

Excellent Salon Piece on Mulhall

Analyzing Mulhall On the Eve of Oral Arguments

Three Problems in Mulhall

Why Mulhall is a Hard Case