Small Business in the Supreme Court -- A Look at the Upcoming 2013 Term

Date: September 30, 2013

October 7, 2013 will mark the start of the Supreme Court’s 2013 Term. This year promises to be a most interesting year at the Supreme Court with the Court set to hear several cases that impact small business.

In the most closely watched and hotly contested case of the upcoming term, the Court will review the constitutionality of the President’s three “recess appointments” to the National Labor Relations Board in NLRB v. Noel Canning. Noel Canning, a family-owned bottling company in Yakima, Washington, challenged an NLRB ruling in favor of the Teamsters Local 760. NFIB joined the fight against the NLRB arguing that the President overstepped his constitutional recess-appointment authority since Congress was not technically in recess at the time of the appointments. In a huge win for small business, the federal appellate court unanimously agreed with NFIB’s position.

In another closely watched labor case, UNITE HERE Local 355 v. Mulhall, the Court will determine whether “sweetheart deals” between labor and management are legal. Martin Mulhall worked for Mardi Gras Gaming, a greyhound track. He opposed unionization and challenged his employer’s offer to provide the union with “organizing assistance,” in exchange for “labor peace.” NFIB has filed a brief in support of Mr. Mulhall.
For the latest information on NFIB’s Supreme Court involvement, go to

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