Supreme Court drops
union neutrality case
Employer neutrality toward
unions could be considered
illegal in Florida, Georgia,
and Alabama
The U.S. Supreme Court has de-
cided not to rule on whether it’s illegal
for a nonunion employer to let union
organizers talk to employees, or for a
union to ask for that. The very question
may seem bizarre to those familiar with
U.S. labor law, but it stems from a
novel legal argument by the anti-union
National Right To Work Legal Defense
Foundation. In the case UNITE HERE
Local 355 v. Martin Mulhall, the group
argued that certain elements of what
have come to be standard “union neu-
trality agreements” are in fact illegal.
Letting union organizers on the prop-
erty, giving them a list of employees,
and agreeing not to disparage the
union, the group argued, amount to giv-
ing a “thing of value” to the union, and
thus violate an anti-bribery provision in
the labor law. That provision makes it a
crime for an employer “to pay, lend, or
deliver, or agree to pay, lend, or deliver,
any money or other thing of value” to a
labor union that represents or seeks to
represent its employees.
Incredibly, the 11th U.S. Circuit
Court of Appeals agreed with the
group’s argument, ruling in effect that
it would be a criminal offense for an
employer to agree to let union organiz-
ers on their property. The 11th Circuit
Court of Appeals decides federal cases
in Alabama, Georgia and Florida. But
its ruling contradicted previous rulings
by other Circuit Courts of Appeals. So
earlier this year, the Supreme Court
agreed to hear an appeal of the 11th
Circuit’s decision, and the two sides
presented oral arguments on Nov. 13.
The case originated from an agree-
ment between UNITE HERE Local
355 and Mardi Gras Gaming. Under
the agreement UNITE HERE prom-
ised to spend $100,000 to support a
Florida ballot measure legalizing slot
machines at racetracks. In return,
casino owners, including Mardi Gras,
promised to adhere to the union neu-
trality provisions. Such “neutrality
agreements” are a way to sidestep the
traditional union election process,
which union organizers say can be
cumbersome and conflict-ridden.
UNITE HERE made good on its
pledge, and the ballot measure passed
narrowly. But Mardi Gras reneged on
its promise of neutrality. The union
sued to enforce the agreement. Then
the National Right To Work Legal De-
fense Foundation sued on behalf of
anti-union Mardi Gras employee Mar-
tin Mulhall, arguing that the agreement
itself was illegal.
But on Dec. 10, the Supreme Court
changed its mind about whether the
Court should rule on the case. The
Court didn’t explain why it’s dropping
the case, but Supreme Court Justice
Stephen Breyer disagreed with that de-
cision, and so did justices Sonia So-
tomayor and Elena Kagan. In his writ-
ten dissent, Breyer suggests that the
case was dropped for technical
grounds —that Mulhall may not have
proper legal standing to sue (anti-
bribery provisions are enforced by the
federal government, not by private
lawsuits), and also that the agreement
in question may be moot because it
was set to expire at the end of 2011.
The decision to drop the case means
that for now, the 11th Circuit Court rul-
ing stands — for Alabama, Georgia,
and Florida.
Breyer wrote that unless the
Supreme Court resolves the issue, the
differences among the Courts of Ap-
peals could negatively affect the col-
lective-bargaining process. “The
Eleventh Circuit’s decision raises the
specter that an employer or union offi-
cial could be found guilty of a crime
that carries a five-year maximum sen-
tence,” Breyer wrote, “if the employer
or union official is found to have made
certain commonplace organizing assis-
tance agreements with the intent to
‘corrupt’ or ‘extort.’”
In attendance to receive service pins and gold cards are, from left to right: Jim Lang, Nick Lytle, Jerry (Smokey)
Westover, Jim Bullinger, Mike Rognerud, Bill Buie and Steve Hall. Handing out the awards were Local 555 Business
Manager Brett Hinsley and International Vice President Roger Bettermann.
Cement Masons, Plasterers locals honor longtime
members, welcome new journeymen and women
Cement Masons Local 555 and Plasterers
Local 82 held their annual Christmas Party, pin
presentation and apprenticeship graduation
ceremony together Dec. 3 in Portland.
Fifty-year Gold Cards were awarded to
Thomas Estey and Terry Kenniston of Local
555 and Larry Bergland, Dominic Criscenti
and John Delaittre of Local 82.
Forty-year cards were presented to Bill
Blue, James Bullinger, Steven Hall, Steve
Meyer, Michael Rognerud and Jerry Westover
of Local 555, and Mike Coughman and Don-
ald Davis of Local 82.
Thirty-year awards went to Eric Von Ladau
and Billy Wells of Local 555 and to Delbert
Bussey, Thomas Roshak, James Russ and
Harold Strain of Local 82.
Twenty-five year pins went to D. J. Bauley,
Matt Bickford, Roberto Chavez, David Kindt,
James Lang, Nick Lytle, Ken Meyer and Hal
Wooten of Local 555 and to Kevin Carle, Ed
Evans, George Fisher, Charles Knight, Calvin Cement Masons apprenticeship coordinator Craig Smith gets
McKinnis, Philip Nicoletti and Ray Rask of graduation certificates and other gifts for new journeymen Elias
Mendoza, Ryan Mikkelsen and Brian Hemmer. Hemmer is being
Local 82.
Graduates of the 2013 apprenticeship class congratulated by apprenticeship instructor Jeremy Kendall.
and new journeymen are Emily Beirnes, Elias
Mendoza, Julio Rodrigues, Brian Hemmer, Ryan
Mikkelsen and Herb Tauscher.
Making the presentations were International Vice Pres-
ident Roger Bettermann, Local 555 Business Manager
Brett Hinsley and Local 82 Business Manager Calvin
McKinnis.
Unions raise money for children of Doernbecher
The third annual “Date Night for Doernbecher” was held Dec. 7 at
the Midnight Roundup Saloon & Eatery in Gresham. Entertainment
was provided by the Norman Sylvester Band. Sylvester, pictured left
with vocalist Sarah Billings, is a member of Musicians Local 99 and a
2011 inductee to the Oregon Music Hall of Fame.
The fundraiser for Doernbecher Children’s Hospital is sponsored by
Unions for Kids. The all-volunteer organization hosts an annual mo-
torcycle poker run in June. The “Date Night” is an off-shoot of the poker
run, with all proceeds going to Doernbecher.
The organization’s major fundraiser is a raffle for a new Harley-
Davidson motorcycle. Over 11 years, Unions for Kids has contributed
$390,000 to the hospital.
This year’s poker run is scheduled for June 14. Raffle tickets for a
2014 Heritage Softail Classic motorcycle are now on sale. Tickets are
$10 each, with only 5,000 sold. Tickets are available at IBEW and United
Workers Federal Credit Union, 9955 SE Washington St., Portland; Team-
sters Council 37 Federal Credit Union, 1020 NE 2nd Ave., Suite 160,
Portland, and IBEW Local 48, 15937 NE Airport Way, Portland.
PAGE 20
NORTHWEST LABOR PRESS
Plasterers Local 82 pin recipients are, from left to right:
Calvin McKinnis, 25 years; Steven Hall, 40 years; and
Delbert Bussey, 30 years. To the right is international vice
president Roger Bettermann. McKinnis is business
manager of the local.
Lee and Kathy
Duncan, both
members of IBEW
Local 48, enjoy the
music of the Norman
Sylvester Band at
“Date Night for
Doernbecher.” Lee is
president of the non-
profit Unions for
Kids, and Kathy is a
committee member.
DECEMBER 20, 2013