01-2035 IBEW, Local 176, v. Balmoral Racing Club, Inc.

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“Section 2.03(d) has the following to say on that subject: The Employer understands that the Local’s jurisdiction both trade and territorial is not the subject for negotiations but rather is determined solely within the IBEW by the International President and therefore, agrees to recognize and be bound by such determination.

“Section 2.03(d) of the Agreement gave the International President unfettered discretion to make his determination. Balmoral is now trying to resist that language, insofar as it is arguing that the court must retain some power to supervise the propriety of the International President’s decision. We disagree. There is no reason why the parties could not contract for the International President’s decision to be final and unreviewable, and the language set forth above shows that they did exactly that in the Agreement. Whether or not the International President had a contractual duty of performing his job in good faith, see, e.g., Interim Health Care of Northern Ill., Inc. v. Interim Health Care, Inc., 225 F.3d 876, 884 (7th Cir. 2000), is beside the point. The contract itself put his decision beyond judicial review, and we will respect that limit.”

Affirmed.

Appeal from the United States District Court for the Northern District of Illinois, Zagel, J., Diane P. Wood, J.