Jottings By An Employer's Lawyer

Wednesday, September 22, 2004

Party To A CBA By Conduct - A 7th Circuit Reminder

Although normally relations between a union and a company are fairly straightforward, in the construction world where 8(f) agreements are permitted and workers tend to be project to project, things are often more fluid. It can be a dangerous world for a company that is being pressured by the union and in an attempt to get "peace" goes along. Here the price of complying with a union collective bargaining agreement over the course of 7 years, was a finding that even though it had never signed the agreement it was in fact bound. Bricklayers Local 21 of Illinois Apprenticeship And Training Program v. Banner Restoration, Inc. (7th Cir. 9/22/04) [pdf]. A word to the wise for a smaller business facing union pressures.

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