WIRTW #297 (the “Mulhall” edition)

On Wednesday, the Supreme Court heard oral argument in Unite Here Local 355 v. Mulhall. This case will decide (hopefully) whether labor unions can legally circumnavigate the secret-ballot election procedures of the National Labor Relations Act by reaching agreements with employers to recognize labor unions upon a presentation of recognition cards signed by a majority of employees.

My favorite exchange from the oral argument illustrates my concern over the coercive nature of card-check recognition:

CHIEF JUSTICE ROBERTS: Well, will you … concede that [card check agreements are] more coercive than a secret ballot? … The union organizer comes up to you and says, well, here’s a card. You can check I want to join the union, or two, I don’t want a union. Which will it be? And there’s a bunch of your fellow workers gathered around as you fill out the card.

…

JUSTICE SCALIA: And he’s a big guy.

(Laughter.)

Here’s what some of my fellow bloggers had to say in the wake of the Mulhall oral argument:

• Mulhall Oral Argument — from Workplace Prof Blog
• SCOTUS hears “the most significant labor case in a generation.” — from Phil Miles’ Lawffice Space
• CATO’s Trevor Burrus on the “Niggling Problem” in Mulhall — from On Labor
• Supreme Court Hears Argument on Legality of Neutrality Agreements — from Labor Relations Today

Here’s the rest of what I read this week:

Discrimination

• My favorite legal theory, the “honest belief” rule — from Warren & Associates Blog
• Employment Law Made Unscary: Gina — from Manpower Employment Blawg
• Between two laws: When ADA and FMLA overlap — from HR idiot
• Employment Law Statistics Tell Part of a Story; Still Waiting for CHRO — from Dan Schwartz’s Connecticut Employment Law Blog
• Is it Only a Matter of Time Before LGBT Individuals Have Federal Employment Protection?? — from The Blue Ink
• ENDA (Banning Sexual Orientation Discrimination) Passes In Senate What It Will Mean If It Becomes Law — from Donna Ballman’s Screw You Guys, I’m Going Home
• Employer’s Injured-player Analogy Backfires in ADA Suit — from Smart HR Manager
• What should we do? Employee says he’s allergic to co-worker’s service dog — from Business Management Daily

Social Media & Workplace Technology

• Your Phone Number Is Going To Get A Reputation Score — from The Not-So Private Parts
• Former Employee Defames Employer with Website — from San Antonio Employment Law Blog
• How to Balance Your Personal and Professional Lives on Social Media — from Social Media Strategies Summit Blog
• Seventh Circuit Weighs In on Firing for Facebook Posts — from Corporate Counsel
• Another Facebook Firing Is Upheld — from Molly DiBianca’s Delaware Employment Law Blog
• Social media: Are courts being more understanding? — from HR Morning

HR & Employee Relations

• Four Ways Bosses Cause Stress in the Workplace — from Mike Haberman’s Omega HR Solutions
• Is it a smart move for a company to make work-life balance policies? — from ABA Journal Daily News
• Disney on the Defensive for Background Screening Policies — from employeescreenIQ Blog
• “Drug-Free Workplace Policy Builder” from the Department of Labor — from Eric Meyer’s The Employer Handbook Blog
• Non-Solicitation Means Don’t — from Work Place Coach Blog News
• Microsoft axes its controversial employee-ranking system — from The Verge
• What I Don’t Know About Your Non-Compete Can’t Hurt Me, Right? — from Suits by Suits
• Curse Words & Racial Slurs — from CostofWork
• Nine preliminary lessons from the Miami Dolphins workplace bullying story — from Minding the Workplace