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Mulhall v. UNITE HERE Local 355

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Before BARKETT and MARCUS, Circuit Judges, and HOOD,*fn1 District Judge.

Martin Mulhall (“Mulhall”), an employee at the Hollywood Greyhound Track, Inc., d/b/a Mardi Gras Gaming (“Mardi Gras”), appeals from the district court’s dismissal of his complaint against Mardi Gras and UNITE HERE Local 355 (“Unite”), a labor union, for violations of § 302 of the Labor Management Relations Act (“LMRA”). Mulhall sued Unite and Mardi Gras to enjoin enforcement of a Memorandum of Agreement (“MOA”), whereby Unite agreed to spend money in support of Mardi Gras’ public campaign to obtain a gaming license, in exchange for Mardi Gras’ assistance in making Unite the exclusive bargaining agent for Mardi Gras’ currently non-unionized workforce. Appellant Mulhall, who vigorously opposes being unionized, claims that the organizing assistance promised by Mardi Gras violates § 302 of the LMRA, which makes it illegal for an employer to deliver, or for a union to receive, any “thing of value,” subject to limited exceptions. 29 U.S.C. § 186(a)-(b). The district court dismissed Mulhall’s complaint for lack of standing, holding that he lacked a cognizable injury. After thorough review, we conclude, however, that Mulhall has standing to prosecute this claim in federal court, and therefore that the case is justiciable. Accordingly, we reverse and remand for further proceedings.

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