01-1034 & 01-1080 Moriarty v. Pepper

By: dmc-admin//July 9, 2001//

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“The application that Pepper signed does not specifically state that he agreed to delegate and assign his bargaining rights to the FDSA nor does the Labor Negotiations provision in the FDSA’s Constitution refer to each member having to designate for the purposes of collective bargaining the FDSA as its representative. While the Labor Negotiations clause makes mention that the FDSA will engage in collective bargaining, it does not state or imply that all members or any particular member will be bound by such collective bargaining activity. Therefore, we cannot conclude that the application that Pepper signed and the Labor Negotiations clause reveals an express intention on Pepper’s part to be bound by the FDSA’s collective bargaining activities.”

Reversed and remanded.

Appeals from the United States District Court for the Northern District of Illinois, Shadur, J., Flaum, J.

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