Boca Raton, FL (September 16, 2010) – With free legal assistance from the National Right to Work Foundation, a Mardi Gras Gaming employee has won the right to proceed with a lawsuit aimed at halting a backroom deal in which his employer pledged to assist union organizers and agreed to a coercive card check organizing drive. The United States Court of Appeals for the 11th Circuit overruled a prior District Court decision that held Martin Mulhall lacked standing to sue the Unite Here Local 355 union and Mardi Gras Gaming.
With the help of Foundation attorneys, Mulhall originally filed suit against Unite Here in 2008 for agreeing to support Mardi Gras Gaming’s efforts to obtain a gambling license in return for organizing assistance. In exchange for over one hundred thousand dollars in union dues spent on a gambling ballot initiative and a union guarantee not to picket, boycott, or strike against the facility, Mardi Gras Gaming agreed to assist organizers’ efforts to push workers into union ranks. Company officials promised union operatives they would hand over employees’ personal contact information (including home addresses), grant union officials access to Mardi Gras facilities for the purpose of organizing, and refrain from requesting a federally-supervised secret ballot election to determine whether employees actually wanted to unionize.
However, the Labor Management Relations Act (LMRA) explicitly prohibits employers from giving “any money or other thing of value” to unions. This rule is intended to prevent union operatives from agreeing to undermine workers’ rights in exchange for concessions from management. In his lawsuit, Mulhall argues that the company’s concessions to Unite Here are of substantial monetary value because they made the union organizing process easier and less expensive. The suit also alleges that Unite Here’s willingness to spend over a hundred thousand dollars to lobby on behalf of Mardi Gras Gaming demonstrates just how valuable the agreement is to union officials.
So-called “neutrality agreements” between companies and unions like the one agreed upon by Unite Here operatives and Mardi Gras Gaming give union organizers license to browbeat and intimidate workers into acceding to unionization. Armed with employees’ home addresses and access to company facilities, union officials frequently harass and cajole workers on and off the job until they agree to sign cards that are then counted as “votes” for unionization.
Although the District Court claimed that Mulhall’s suit could not proceed because he was in no danger of “imminent injury,” the Court of Appeals’ decision recognized that the union’s deal could infringe on employees’ rights to free association by forcing them to accept union monopoly bargaining. The ruling remanded the lawsuit to United States District Court for the Southern District of Florida for it to decide Mulhall’s complaint on the merits.
“Unite Here operatives agreed to a corrupt bargain that advanced union boss interests at the expense of individual workers’ rights,” said Patrick Semmens, Legal Information Director for the National Right to Work Foundation. “We’re happy to report that Martin Mulhall’s efforts to challenge this backroom deal will now go forward.”
The National Right to Work Legal Defense Foundation is a nonprofit, charitable organization providing free legal aid to employees whose human or civil rights have been violated by compulsory unionism abuses. The Foundation, which can be contacted toll-free at 1-800-336-3600, assists thousands of employees in about 200 cases nationwide per year.
