- Court: U.S. Supreme Court Certiorari Granted
- Area(s) of Law: Labor Law
- Date Filed: June 24, 2013
- Case #: 12-99
- Judge(s)/Court Below: United States Court of Appeals, Eleventh Circuit, 667 F.3d 1211, 192 LRRM 2513 (11th Cir. 2012)
- Full Text Opinion
Respondent, a trucking company, and Petitioner, a labor union, executed an agreement in 2004 detailing Respondent's promise to (1) give access to non-public work premises for union employees and union member organization; (2) provide personal and occupational information of employees to the union; and (3) maintain a neutral political stance regarding union issues. As consideration, Petitioner agreed to support a political initiative regarding casino gaming, to the tune of over $100,000. Petitioner also promised not to picket, boycott, strike, or undertake other economic activity against Respondent.
Respondent filed a complaint seeking an injunction against enforcement of the agreement due to violation of Section 302 of the Labor-Management Relations Act, 29 U.S.C. The district court dismissed the complaint for failure to state a claim because the "assistance" promised in the original agreement was not a "thing of value" according to Section 302. The Court of Appeals for the Eleventh Circuit remanded the case for clarification of whether the "assistance" agreed upon by the parties was an "improper payment," which would indicate a violation of Section 302. The Supreme Court granted certiorari to determine these issues.