Cremation Society of Illinois, Inc. v. International Brotherhood of Teamsters

In 2003, Cremation Society’s predecessor (employer) executed a Compliance Agreement, binding it to the Union’s collective bargaining agreement (CBA), until June 30, 2007, and from year to year thereafter. The Agreement could be terminated by either party upon specific written notice. In 2013, the employer sent a letter repudiating the Agreement. The Union filed a grievance. The employer notified its employee that he was being terminated for leaving a van door open while the van contained the body of a deceased person. The National Labor Relations Board found that the notice terminating the Agreement was not given at least 60 days prior to June 30th of “any subsequent contract year” and that the employer was bound by the Agreement until at least June 30, 2017. The employer sought a declaration, under the Labor Management Relations Act, 29 U.S.C. 185(a), under the Board’s “one‐man unit rule,” which allows an employer, who employs one or fewer unit employees on a permanent basis, to repudiate its union contract without an opportunity to bargain. The Union counterclaimed for a confirmation of an arbitration award and to compel arbitration. The Seventh Circuit affirmed summary judgment in the Union’s favor, reasoning that the employer and a related entity had several people performing “unit work.” View "Cremation Society of Illinois, Inc. v. International Brotherhood of Teamsters" on Justia Law