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United States Eleventh Circuit


Mulhall v. Unite Here Local 355, 09-12683

In an action by a non-union employee to enjoin enforcement of a Memorandum of Agreement (MOA), whereby a union agreed to spend money in support of plaintiff's employer's public campaign to obtain a gaming license, in exchange for defendant's assistance in making the union the exclusive bargaining agent for defendant's currently non-unionized workforce, dismissal of the action is reversed where plaintiff had Article III standing because he adequately alleged that the organizing assistance promised by defendant in the MOA was valuable, and indeed essential, to the union's effort to gain recognition.

Appellate Information

  • Decided 09/13/2010
  • Published 09/13/2010

Judges

  • Stanley Marcus

Court

  • United States Eleventh Circuit

Counsel

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