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Local 15 International Brotherhood of Electrical Workers v. National Labor Relations Board

429 F.3d 651 (7th Cir. 2005)

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Local 15 International Brotherhood of Electrical Workers v. National Labor Relations Board

United States Court of Appeals for the Seventh Circuit

429 F.3d 651 (7th Cir. 2005)

Facts

Local 15, International Brotherhood of Electrical Workers (IBEW) (plaintiff), called a strike of 1,150 workers at Midwest Generation EME, LLC. Midwest successfully maintained operations using just eight nonstrikers, supervisory personnel, contractors, and temporary replacements. When IBEW unconditionally offered all workers’ return, Midwest reinstated only six who had already left the strike and scheduled their return. The union charged Midwest with discriminating against union membership, but the National Labor Relations Board (NLRB) (defendant) upheld the partial lockout as necessary to maintain operations. The union appealed.

Rule of Law

Issue

Holding and Reasoning (Flaum, C.J.)

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