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Labor Law

By: WISCONSIN LAW JOURNAL STAFF//December 27, 2022//

Labor Law

By: WISCONSIN LAW JOURNAL STAFF//December 27, 2022//

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7th Circuit Court of Appeals

Case Name: International Association of Fire Fighters, Local v. City of East Chicago, Indiana

Case No.: 22-1708

Officials: Flaum, Easterbrook, and St. Eve, Circuit Judges.

Focus: Labor Law

The plaintiffs in this case are 38 firefighters and their union, International Association of Fire Fighters, Local 365 (collectively, the “Fire Fighters”) who sued the City of East Chicago, Mayor Anthony Copeland, and former East Chicago Fire Chief Anthony Serna, alleging that the defendants implemented an undesirable work schedule in retaliation for their protected First Amendment activity. The Fire Fighters filed a motion for a preliminary injunction, which the district court granted after full briefing and a two-day hearing. In a combined opinion and order, the district court ordered the City to “immediately begin the process of reinstating the” old work schedule and gave the City until April 18, 2022, to implement the change.

The City and Copeland appealed the decision. On appeal, they challenge several of the district court’s findings of fact, contend that the court applied improper preliminary injunction standards, and argue that the court failed to consider certain state statutes giving the mayor and fire chief control over the Fire Fighters’ work schedules.

Affirmed.

Decided 12/21/22

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