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09-3271 Merryman Excavation, Inc., v. International Union of Operating Engineers

By: WISCONSIN LAW JOURNAL STAFF//March 21, 2011//

09-3271 Merryman Excavation, Inc., v. International Union of Operating Engineers

By: WISCONSIN LAW JOURNAL STAFF//March 21, 2011//

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Labor
Joint grievance committees; judicial review

Where a CBA provided for resolution of grievances by a joint grievance committee, the awards are not subject to judicial review.

“[B]ecause the collective bargaining agreement establishes that any resolution of a grievance by majority vote of the joint committee is ‘final and binding on all parties and individuals bound by’ the agreement and not subject to appeal, we are not permitted to review the merits of the procedure or substance of the joint committee’s decisions. Absent any evidence that Merryman did not receive the dispute resolution procedure to which it agreed, i.e., an equal number of voting representatives on the joint committee, the district court correctly granted summary judgment to Local 150.”

Affirmed.

09-3271 Merryman Excavation, Inc., v. International Union of Operating Engineers

Appeal from the United States District Court for the Northern District of Illinois, Kendall, J., Manion, J.

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