As we recently reported, National Labor Relations Board Acting General Counsel Peter Sung Ohr recently gave us a peek behind the curtain at his prosecutorial priorities as General Counsel when he rolled back a number of General Counsel Memoranda issued by his predecessor, Peter Robb. Consistent with that roll
A Bias against Neutrality Agreements: NLRB Regional Director Issues Complaint against Hotel for Supporting Organizing Union
On November 30, 2020, the NLRB Regional Director issued a Complaint against the Yotel Boston hotel and Unite Here Local 26, alleging the Hotel unlawfully recognized and provided improper assistance to the Union.
The Hotel and the Union were parties to a neutrality agreement. As is common in such agreements,
A Race to Nowhere: Supreme Court Dismisses Neutrality Agreement Case
Last month, the Supreme Court heard oral argument in UNITE HERE Local 355 v. Mulhall, a case claiming that a neutrality agreement violated § 302 of the Labor-Management Relations Act, 29 U.S.C. § 186, the anti-union bribery statute which makes it a crime for an employer to give
Can a Neutrality Agreement be an “Improper Payment” to a Union?
A recent U.S. Court of Appeals decision has opened the door for attacks on the legality of some neutrality agreements entered into between unions and employers. In Mulhall v. UNITE HERE, Local 355 et al., __ F.3d __ , No. 11-10594 (11th Cir., January 18, 2012), a case backed