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United States District Court for the Northern District of Illinois, Eastern Division
July 27, 2017, Decided; July 27, 2017, Filed
No. 17 C 840
SAMUEL DER-YEGHIAYAN, District Judge
This matter is before the court on Plaintiff Mondelez Global, LLC's (MG) motion for summary judgment and on Defendant International Association of Machinists and Aerospace Workers, AFL-CIO, District 8's (Union) motion for summary judgment. For the reasons stated below, the Union's motion for summary judgment is granted and MG's motion for summary judgment is denied.
MG contends that it entered into a collective bargaining agreement (CBA) with the Union. Starting in March 2015, MG allegedly decided to prohibit Union employees from working seven consecutive days without a 24-hour period of rest. MG allegedly determined that such a prohibition was consistent with the [*2] One Day Rest in Seven Act (ODRISA) 820 ILCS 140/1. Union employees then allegedly filed a series of grievances protesting MG's decision to limit their ability to work and gain overtime. Article 15 of the CBA (Article 15) allegedly provides a mandatory grievance resolution procedure. In March 2015, the Union allegedly consolidated the grievances in a class grievance (Grievance) and the parties were unable to reach a resolution. The parties also allegedly sought separate legal opinions from the Illinois Department of Labor (IDOL), but the IDOL declined to issue such opinions. In accordance with Article 15, the parties then allegedly submitted the Grievance to binding arbitration. On November 23, 2016, the arbitrator (Arbitrator) in the arbitration proceedings allegedly ruled in favor of the Union, finding that a binding past practice had developed between the parties, which allowed employees to volunteer to work seven consecutive days without a 24-hour period of rest. MG brought the instant action and includes a claim in its complaint seeking to vacate the arbitration award. The Union has also filed a counterclaim-seeking to confirm the arbitration award. The parties have now filed cross motions for summary judgment.
[*3] LEGAL STANDARD
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
2017 U.S. Dist. LEXIS 117625 *; 2017 WL 3189476
MONDELEZ GLOBAL LLC, Plaintiff, v. INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS DISTRICT NO. 8, AFL-CIO, Defendant.
Subsequent History: Related proceeding at, Summary judgment granted by Mondelez Global LLC v. Int'l Ass'n of Machinists, Local Lodge 1202, 2019 U.S. Dist. LEXIS 13 (N.D. Ill., Jan. 2, 2019)
Related proceeding at, Dismissed without prejudice by Mondelez Global LLC v. Int'l Union of Operating Eng'rs Local 399, 2019 U.S. Dist. LEXIS 7584 (N.D. Ill., Jan. 16, 2019)
arbitration, arbitration award, public policy, employees, summary judgment motion, Grievance, period of rest, parties, waived