Also known as:unio · unions · union's · trade union · labor union
Written by attorneys — see sources below.
An organization formed to negotiate with employers on behalf of workers collectively about job-related issues such as salary, benefits, hours, and working conditions. The organization represents skilled workers in trades and crafts and may engage in collective bargaining, political advocacy, and member services.
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How its tested
Common Examples
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Union Challenges Tax Uniformity
Universal Motors employees formed a union that objected to a federal excise tax applied only to vehicles assembled in one region. The union argued the nonuniform tax violated congressional power to impose excises uniformly. A court reviewed whether the tax structure satisfied the uniformity requirement across states.
Union Seeks State of Union Address
Upland Industries union leaders petitioned the president to include labor policy recommendations in the annual address to Congress. The union claimed the address must cover measures the president judged necessary for worker welfare. The executive responded by convening a special session to address the union's concerns.
Ugo Uberti's union filed an amicus brief supporting same-sex couples seeking marriage recognition. The union argued that marriage safeguards families and draws meaning from childrearing rights. The court considered the union's position when evaluating the fundamental nature of the right to marry.
Obergefell v. Hodges576 U.S. 644 (2015)
The petitioners were fourteen same-sex couples and two men whose same-sex partners were deceased. They lived in Michigan, Kentucky, Ohio, and Tennessee. Those states defined marriage as a union between one man and one woman under their constitutions and statutes.
The petitioners filed suits in federal district courts in their home states. They sought marriage licenses or recognition of marriages lawfully performed elsewhere. James Obergefell and John Arthur traveled from Ohio to Maryland to marry aboard a medical transport plane because Arthur suffered from ALS; Obergefell later sought to be listed as surviving spouse on Arthur's death certificate. April DeBoer and Jayne Rowse, Michigan nurses, adopted three children but could not both serve as legal parents under state adoption rules. Army Reserve Sergeant Ijpe DeKoe and Thomas Kostura married in New York before DeKoe's deployment to Afghanistan and later settled in Tennessee.
Each district court ruled in the petitioners' favor. The respondents appealed. The Sixth Circuit consolidated the cases and reversed the district court judgments. The petitioners sought certiorari, which the Supreme Court granted.
Same-sex couples had begun establishing families after substantial cultural and political developments in the late twentieth century. Earlier litigation had addressed the legal status of gays and lesbians, including challenges that reached the Supreme Court in Bowers v. Hardwick and Lawrence v. Texas.
Umeko Uchida's union contested a state tax on federal bank notes issued to union members. The union contended the tax interfered with national powers to coin money and regulate its value. The court examined whether the state action burdened federal authority.
McCulloch v. Maryland17 U.S. (4 Wheat.) 316 (1819)
In April 1816, Congress passed an act entitled "An act to incorporate the subscribers to the Bank of the United States." The Bank organized in Philadelphia pursuant to the act and in 1817 established a branch in the City of Baltimore that from that time until May 1, 1818, transacted business by issuing bank notes, discounting promissory notes, and performing other customary operations under the authority of the corporate body established at Philadelphia.
On February 11, 1818, the General Assembly of Maryland passed an act entitled "An act to impose a tax on all banks, or branches thereof, in the State of Maryland, not chartered by the legislature." The Maryland statute provided that any such branch could not lawfully issue notes except upon stamped paper of specified denominations furnished by the Treasurer of the Western Shore, or could relieve itself from that requirement by paying annually in advance to the Treasurer the sum of $15,000. Officers offending against the provisions forfeited $500 for each offense, and persons circulating unstamped notes forfeited up to $100, with penalties recoverable by indictment or action of debt.
James W. McCulloch, cashier of the Baltimore branch, on the days set forth in the declaration issued bank notes to George Williams in Baltimore in part payment of a promissory note discounted by the branch, and those notes were not issued on stamped paper as prescribed by the Maryland act; neither the bank nor its branch had paid the $15,000 in advance before or since the issuance of those notes.
John James, who sued as well for himself as for the State of Maryland, brought an action of debt against McCulloch in the County Court of Baltimore County to recover the penalties. The parties submitted a statement of agreed facts to the court, which rendered judgment against McCulloch; the Court of Appeals of Maryland affirmed that judgment, and McCulloch brought the cause to the Supreme Court of the United States by writ of error.
Ursula Ureña's union alleged that competing firms conspired to suppress wages through parallel conduct. The complaint described the agreement but lacked direct evidence of meetings. The court assessed whether the facts plausibly suggested an unlawful agreement.
Bell Atlantic Corp. v. Twombly550 U.S. 544, 556, 127 S.Ct. 1955, 167 L. Ed. 2d 929 (2007)
In 1984 the divestiture of AT&T's local telephone business created seven regional service monopolies known as Regional Bell Operating Companies or Incumbent Local Exchange Carriers. More than a decade later Congress enacted the Telecommunications Act of 1996 which restructured local telephone markets and imposed duties on the ILECs to facilitate entry by competitive local exchange carriers through resale of services at wholesale rates, leasing of unbundled network elements, or interconnection of facilities.
William Twombly and Lawrence Marcus filed suit in the United States District Court for the Southern District of New York on behalf of a putative class of all subscribers of local telephone and high-speed internet services from February 8, 1996 to the present. They named as defendants four consolidated ILECs: BellSouth Corporation, Qwest Communications International Inc., SBC Communications Inc., and Verizon Communications Inc.
The complaint alleged that these ILECs conspired to restrain trade by engaging in parallel conduct to inhibit CLECs, including unfair agreements for network access, inferior connections, overcharging, and billing practices designed to sabotage CLEC customer relations. The complaint further alleged that the ILECs agreed not to compete against one another in their respective territories.
This agreement was inferred from their common failure to pursue business opportunities in contiguous markets and from a statement by Qwest CEO Richard Notebaert that competing in another ILEC's territory might be a good way to turn a quick dollar but that does not make it right. The complaint asserted that in light of the absence of meaningful competition among the ILECs and their parallel course of conduct the defendants had entered into a contract combination or conspiracy to prevent competitive entry and to allocate customers and markets.
The district court dismissed the complaint for failure to state a claim. It concluded that the alleged parallel behavior was fully explained by each ILEC's independent interest in defending its own territory and that the complaint did not allege facts suggesting the decision to refrain from competing elsewhere was contrary to the ILECs' apparent economic interests. The Court of Appeals for the Second Circuit reversed, holding that plus factors need not be pleaded and that allegations of parallel conduct suffice if they leave open the possibility of collusion.
The Supreme Court granted certiorari to address the proper standard for pleading an antitrust conspiracy through allegations of parallel conduct.
Usman Uddin's union supported a member's challenge to state restrictions on personal medical decisions. The union maintained that privacy encompasses zones of liberty including bodily autonomy. The court evaluated whether the restrictions violated fundamental rights.
Roe v. Wade410 U.S. 113 (1973)
In March 1970, Jane Roe, a single woman residing in Dallas County, Texas, instituted a federal action against the District Attorney of the county. She sought a declaratory judgment that the Texas criminal abortion statutes were unconstitutional on their face. She also sought an injunction restraining enforcement of the statutes.
Roe alleged that she was unmarried and pregnant. She wished to terminate her pregnancy by an abortion performed by a competent licensed physician under safe clinical conditions. She was unable to obtain a legal abortion in Texas because her life did not appear to be threatened by continuation of the pregnancy. She could not afford to travel to another jurisdiction to secure a legal abortion.
James Hubert Hallford, a licensed physician, sought and was granted leave to intervene in Roe's action. In his complaint he alleged that he had been arrested previously for violations of the Texas abortion statutes. Two such prosecutions were pending against him in the Criminal District Court of Dallas County. He described conditions of patients who came to him seeking abortions. He claimed that for many cases he was unable to determine whether they fell within or outside the exception recognized by Article 1196 of the Texas Penal Code.
John and Mary Doe, a married couple, filed a companion complaint also naming the District Attorney as defendant. The Does alleged that they were a childless couple. Mrs. Doe was suffering from a neural-chemical disorder. Her physician had advised her to avoid pregnancy until her condition materially improved. She had discontinued use of birth control pills pursuant to medical advice. If she should become pregnant she would want to terminate the pregnancy by an abortion performed by a competent licensed physician under safe clinical conditions.
The two actions were consolidated and heard together by a duly convened three-judge district court for the Northern District of Texas. Upon the filing of affidavits, motions were made for dismissal and for summary judgment. The court held that Roe and members of her class and Dr. Hallford had standing to sue and presented justiciable controversies. The Does had failed to allege facts sufficient to state a present controversy and did not have standing. It concluded that the Texas criminal abortion statutes were void on their face. The court dismissed the Does' complaint while denying injunctive relief.
The plaintiffs Roe and Doe and the intervenor Hallford appealed to the Supreme Court from that part of the District Court's judgment denying the injunction. The defendant District Attorney cross-appealed from the grant of declaratory relief. Both sides also took protective appeals to the United States Court of Appeals for the Fifth Circuit. That court ordered the appeals held in abeyance pending decision by the Supreme Court.
What distinguishes a labor union from other worker groups?
A labor union is an organization that negotiates collectively with employers over wages, benefits, and conditions. It differs from informal groups by holding formal recognition and engaging in binding agreements. The definition requires representation of workers in trades or crafts.
Can a union spend unlimited funds on independent political expenditures?
Corporations and unions may spend unlimited funds on independent expenditures to advocate for or against candidates when spending is not coordinated with a campaign. Restrictions on such expenditures violate the First Amendment.
Does an arbitrator's family tie to a union officer create evident partiality?
An arbitrator whose father is a high-ranking officer of a union party has a relationship that reasonably conveys an impression of bias. Such an intimate connection disqualifies the arbitrator and warrants vacatur of the award.
410 U.S. 113 (1973)
…The Constitution does not explicitly mention any right of privacy. In a line of decisions, however, going back as far as Union Pacific R. Co. v. Botsford , 141 U.S. 250 (1891), the Court has recognized that a right of personal privacy, or a guarantee of certain areas or zones of privacy, does exist under the…