Healey v. International Brotherhood of Electrical Workers

296 F.R.D. 587, 86 Fed. R. Serv. 3d 598, 2013 WL 4494685, 196 L.R.R.M. (BNA) 2723, 2013 U.S. Dist. LEXIS 119102
CourtDistrict Court, N.D. Illinois
DecidedAugust 22, 2013
DocketNo. 11 C 8892
StatusPublished
Cited by2 cases

This text of 296 F.R.D. 587 (Healey v. International Brotherhood of Electrical Workers) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Healey v. International Brotherhood of Electrical Workers, 296 F.R.D. 587, 86 Fed. R. Serv. 3d 598, 2013 WL 4494685, 196 L.R.R.M. (BNA) 2723, 2013 U.S. Dist. LEXIS 119102 (N.D. Ill. 2013).

Opinion

MEMORANDUM OPINION AND ORDER

MATTHEW F. KENNELLY, District Judge:

Plaintiffs Joseph Healey, Tom O’Driscoll, Alan Porter, James B. Howland, Karl Die-de, Jim Timothy, and John Ryan have sued International Brotherhood of Electrical Workers, Local Union No. 134 (the union), Freeman Electrical, Inc., Global Experience Specialists, Inc. (GES), and the Metropolitan Pier and Exposition Authority (MPEA). They assert claims for breach of the union’s collective bargaining agreement with Freeman and GES and breach of the union’s duty of fair representation. Plaintiffs also seek a declaratory judgment that certain contracts are illegal under Illinois law.

Plaintiffs have moved pursuant to Federal Rule of Civil Procedure 23(b)(2) and (b)(3) for certification of two classes. For the reasons stated below, the Court denies plaintiffs’ motion with regard to their proposed Rule 23(b)(2) class but grants the motion with regard to their proposed Rule 23(b)(3) class.

Background

MPEA, GES, and Freeman are all parties to a collective bargaining agreement that the union has with the Electrical Contractors’ Association of the City of Chicago. The collective bargaining agreement provides a process by which electricians are referred to contractors for hire. The agreement provides that the union is the sole source of referrals to contractors and that “[t]he loaning and borrowing of journeymen between contractors shall not be tolerated.” Pis.’ Ex. E § 2.18.

In the referral system, electricians are placed into groups based on their experience and skills. Within each group, electricians get priority for referrals based upon when they signed up as available for work. Per the union’s written referral hall procedures, a contractor can place two different types of calls for electricians on the union’s “out-of-work lists”: a “short call,” for a position that will last less than two weeks, and a “long call,” for a position that will last longer than two weeks.

MPEA is a local government entity that owns and operates Navy Pier and McCormick Place, a convention center. Prior to 2011, the union’s referral hall allowed MPEA to place a third type of call not documented in the union’s written referral procedures, referred to as a “McCormick Place call” or a “show call.” Foley Dep. at 8. The length of the show call was generally defined by the length of the particular McCormick Place trade show. Over the years, however, McCormick Place began asking particular electricians with demonstrated trade show skills to remain on call beyond the length of their show calls. This group of electricians became known as the “McCormick Place Pool” or “the pool.”

In 2009, the sponsors of a number of conventions that previously had been held at McCormick Place announced that they would not return because union work rules, electrical services, and food service costs made it uneconomical for exhibitors to use the convention center. In response, the Illinois legislature amended the Metropolitan Pier and Exposition Authority Act (MPEA Act) in 2010. The amended MPEA Act provided that a convention had the right to choose an electrical contractor approved by MPEA and that MPEA “shall not serve as the exclusive provider of electrical services.” 70 ILCS 210/5.4(c)(15) & (f)(2).

Pursuant to the amended MPEA Act, MPEA began to allow Freeman and GES to provide electrical services at McCormick Place. Freeman and GES signed the collective bargaining agreement with the union, and in early 2011, they began winning contracts to provide electrical services at McCormick Place.

By the spring of 2011, Freeman and GES had provided electrical services for a number of large trade shows using electricians obtained from the union’s short and long call [590]*590lists. Plaintiffs contend that MPEA struggled to compete with Freeman and GES for bids on contracts and thus approached the two contractors about entering into new agreements regarding their work at McCormick Place. Ultimately, the union agreed to give Freeman and GES access to the McCormick Place Pool of electricians through a subcontracting arrangement with MPEA. The union also indicated, however, that such an arrangement would be possible only if Freeman and GES concurrently entered into Interpretive Side Letters (ISLs). These letters provided that neither Freeman nor GES could provide electrical work with its own employees at any location owned, operated, or controlled by MPEA (i.e. at McCormick Place). Both Freeman and GES signed ISLs on June 29, 2011.

Plaintiffs in this case — Freeman and GES electricians on the long and short call lists— contend that as a result of defendants entering into the ISLs, Freeman and GES hired only McCormick Place Pool members to perform work at McCormick Place. Indeed, the record reflects that MPEA called the union referral hall only on occasions when a show required more electricians than were in the pool. The defendants’ conduct, plaintiffs allege, .resulted in a breach by Freeman and GES of the collective bargaining agreement’s mandate against loaning and borrowing journeymen and a breach of the union’s duty of fair representation vis-a-vis union members who were not in the McCormick Place Pool. Plaintiffs allege that due to the defendants’ conduct, Freeman and GES laid off all of their electricians who had been doing work at McCormick Place between August 12, 2011 and the end of September 2011.

Around November 2011, the union, MPEA, Freeman, and GES determined that the ISLs were no longer necessary and that Freeman and GES could again place calls to the union’s referral hall to obtain electricians for their shows. Shortly thereafter, the ISLs were rescinded. By December 2012, Freeman had ceased using McCormick Place Pool members, and it sent a letter to MPEA indicating that it no longer intended to use the pool. By the first quarter of 2013, the entire McCormick Place Pool was laid off.

Discussion

A party seeking class certification bears the burden of showing that the conditions of Rule 23 are satisfied. Oshana v. Coca-Cola Co., 472 F.3d 506, 513 (7th Cir. 2006). First, the putative plaintiff must satisfy the four prerequisites of Rule 23(a): the class is so numerous that joinder of all of the class members is impracticable (numerosity); there are questions of law or fact common to the proposed class (commonality); the class representative’s claims are typical of the claims of the class (typicality); and the representative will fairly and adequately represent the interests of the class (adequacy of representation). Messner v. Northshore Univ. HealthSystem, 669 F.3d 802, 811 (7th Cir.2012); Fed.R.Civ.P. 23(a)(1)-(4).

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Bluebook (online)
296 F.R.D. 587, 86 Fed. R. Serv. 3d 598, 2013 WL 4494685, 196 L.R.R.M. (BNA) 2723, 2013 U.S. Dist. LEXIS 119102, Counsel Stack Legal Research, https://law.counselstack.com/opinion/healey-v-international-brotherhood-of-electrical-workers-ilnd-2013.