Neutrality Agreements Secure A Binding Commitment From The
NLRB, Basic Guide to the NLRA, p. 37. In a 1984 decision (Sure-Tan, Inc. v. NLRB, 467 U.S. 883), the U.S. Supreme Court ruled that the NLRA definition of workers excludes unauthorized workers. Thus, unauthorized workers can participate in trade unions and collective bargaining, participate in NR LNR elections and are protected from unfair labour practices. But the Supreme Court also ruled that no additional payments could be granted to unauthorized workers due to violations of unfair labor practices. See CRS Report RS21186, Hoffman Plastic Compounds v. NLRB and Backpay Awards to Undocumented Aliens (pdf), rubbed by [author`s name].
On November 13, 2013, the U.S. Supreme Court heard oral interventions in UNITE HERE Local 355 against Martin Mulhall; Hollywood Greyhound Track, Inc. d/b/a Mardi Gras Gaming. This is a neutrality agreement between Mardi Gras Gaming and UNITE HERE Local 355. The employer agreed to recognize the union when a majority of workers signed authorization cards. The employer agreed not to oppose union representation, to let the union speak with the employees and to give the union the names and addresses of the employees. The union agreed not to strike, went on strike or took other economic action against the employer as long as the neutrality agreement was in force. The union also agreed to financially support a Florida state election initiative on casino gaming. In this case, the question arises as to whether the agreement between the employer and the union constitutes a violation of Section 302 of the Labor Management Relations Act (i.e.: Taft-Hartley Act, 29 U.S.C§ 186). Under section 302, it is illegal for an employer to “pay, lend or deliver” a value to a union or for a union to accept something of value from an employer.
(UNITE HERE Local 355 v. Martin Mulhall; Hollywood Greyhound Track, Inc. d/b/a Mardi Gras Gaming, sblog.s3.amazonaws.com/wp-content/uploads/2012/09/12-99-Mulhall-cert-petition.pdf, pp. 3-7. On December 10, 2013, the court dismissed the case as “reckless.” United States Supreme Court, UNITE HERE Local 355, Petitioner v. Martin Mulhall et al., No. 12-99, www.supremecourt.gov/opinions/13pdf/12-99_o7jp.pdf. There is also evidence that card cheque recognition can be more successful under a neutrality agreement. A study of union action in the United States concluded that union success rates are higher when a card verification agreement is combined with a neutrality agreement. The study examined 57 card verification agreements covering 294 organizational trips. Unions had a 78.2% success rate for rides, for which card cheque recognition was combined with a neutrality agreement and a 62.5% success rate in cases where there was only one card verification agreement.100 Under the 2011 GJ, $60.5 million was awarded in addition or reimbursement of fees, of contributions and fines.22 additional payments may be granted to redundant workers. 2.1.1.1996, 1994, 1994, 1994, 1994, 1994, 1994, 1994.