U.S. Supreme Court
The Fourth Circuit’s decision to exempt certain employer concessions from the NLRA’s prohibition against employer assistance creates a massive hole in the statute for the things that unions value most from employers. This loophole endangers the integrity of collective bargaining, as union officials have a strong incentive to compromise employee interests at the bargaining table as a quid pro quo for organizing assistance from their employer.
Status: DECIDED. Writ of certiorari denied October 2009.