Petition-employer was entitled to remand for evidentiary hearing on its objection to union's certification as representative of petitioner’s employees, where petitioner alleged that union had unlawfully provided economic benefits to petitioner’s non-union employees during critical period prior to union's election. Thrust of petitioner’s objection was that union steered high-paying union jobs to 21 of its non-union part-time workers that formed majority of counted votes in effort to obtain favorable votes in election, and petitioner submitted its own records indicating that when union had supplied union workers to petitioner’s projects, it did not supply non-union workers to perform requested work. Moreover, hearing was warranted, where union refused to provide requested employment records of petitioner’s employees to establish claim that it was unusual for said employees to have received union jobs at any time. Also, financial benefit of higher-paying jobs immediately prior to election could plausibly be seen as economic inducement to secure votes in favor of union.
Federal 7th Circuit Court
Civil Court
Labor Law