March 29, 2004

Indiana Decisions - 7th Circuit issues two decisions today

BEISCHEL, KAREN v. STONE BANK SCHOOL DISTRICT, from the ED Wis., involves a school principal's employment contract.

In LID ELECTRIC INC v. INT'L BROHD ELEC 134, from the ND Ill, ED, Judge Easterbrook rules:

No matter when negotiations begin, however, bargaining—and either an agreement or an impasse—must precede any change in terms and conditions under which the operating engineers are employed. To the extent that the EJAB’s order requires Lid to implement drug testing for employees represented by Local 150, without first bargaining collectively with that union, it commands a violation of federal law and must be set aside.

The judgment of the district court is vacated, and the case is remanded with instructions to enter an order enforcing the arbitral award, except to the extent that it requires Lid to violate the bargaining rights of workers represented by other unions.

Posted by Marcia Oddi at March 29, 2004 03:25 PM