Legal Question in Employment Law in Illinois

Arbitration award not followed

The union I am a member of won an arbitraion award approximately ten years ago that is still in effect and essentially lasts forever. This award concerned the use of contractors over company employees. The company would have to pay a penalty to their employees when contractors were used to perform work customarily done by company employees. At the last three contract negotiations, the company has tried to negotiate this award away from us. We refused to give it up. Now, the company is flagrantly not abiding by the award. As an example, in December of 2002, the company suspended the award for the employees (the company said for budget reasons) but they kept the contractors working the whole time. Does the union have to go back through the grievance procedure or can the union go directly to court to force the company to abide by the award. Thank you.


Asked on 1/18/03, 10:02 am

1 Answer from Attorneys
Kenneth J. Ashman Ashman Law Offices, LLC

Re: Arbitration award not followed

Since the nature of your union's rights (and, therefore, your rights with respect to this issue) is derived from contract and an arbitrator's decision (perhaps confirmed through the judicial process), it is essential to read and review these documents before knowing the rights and obligations of the parties -- including a "next step" in the event of a breach.

If you or your union (you did not say whether you have an officer position with the union) would like a review of the documents, i.e., the various union contracts and the arbitrator's award, I would be happy to look at them for you. Only then could someone -- whether me or anyone else -- offer advice as to your and your union's rights.

-- Kenneth J. Ashman; www.AshmanLawOffices.com

This communication is intended for general informational purposes only and is not intended to create an attorney-client relationship, which, under the policies of Ashman Law Offices, LLC, can only be created by the execution of a formal retention agreement.

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Answered on 1/18/03, 11:46 am


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