Mulhall v. Unite Here Local 355, et al., No. 11-10594 (11th Cir. 2012)
Annotate this CasePlaintiff, a Mardi Grad employee opposed to being unionized, sought to enjoin enforcement of a memorandum of agreement between Mardi Gras and Unite, a labor union. The court dismissed the complaint for failure to state a claim because it found that the assistance promised in the agreement could not constitute a "thing of value." At issue was whether organizing assistance offered by an employer to a labor union could be a "thing of value" contemplated under section 302 of the Labor Management Relations Act (LMRA), 29 U.S.C. 186. Section 302 made it unlawful for an employer to give or for a union to receive any "thing of value," subject to limited exceptions. The court held that organizing assistance could be a thing of value that, if demanded or given as payment, could constitute a violation of section 302. Because the dismissal of plaintiff's complaint was based on a contrary conclusion, the court reversed the judgment.
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