No. 18-1070

Village of Lincolnshire, Illinois, et al. v. International Union of Operating Engineers Local 399, et al.

Lower Court: Seventh Circuit
Docketed: 2019-02-15
Status: GVR
Type: Paid
Experienced Counsel
Tags: employment-law federalism labor-relations labor-unions local-government municipal-ordinance national-labor-relations-act political-subdivision preemption right-to-work state-law statutory-interpretation union-membership
Key Terms:
Arbitration ERISA LaborRelations JusticiabilityDoctri
Latest Conference: 2019-06-06
Question Presented (AI Summary)

Does a law enacted by a political subdivision of a state constitute 'State ... law' under section 14(b) of the National Labor Relations Act?

Question Presented (from Petition)

QUESTION PRESENTED Section 14(b) of the National Labor Relations Act states that nothing in the Act “shall be construed as authorizing the execution or application of agreements requiring membership in a labor organization as a condition of employment in any State or Territory in which such execution or application is prohibited by State or Territorial law.” 29 U.S.C. § 164(b). Does a law enacted by a political subdivision of a state constitute “State ... law” under section 14(b)? ii PARTIES TO PROCEEDINGS BELOW The and cross-appellants below were petitioner Village of Lincolnshire, petitioner Elizabeth Brandt in her official capacity as Mayor of Lincolnshire, petitioner Barbara Mastandrea in her official capacity as Village Clerk of Lincolnshire, and Peter Kinsey in his official capacity as Chief of Police of Lincolnshire. Mr. Kinsey has since been succeeded as Chief of Police by petitioner Joseph Leonis. The and crossappellees below were respondents International Union of Operating Engineers, Local 399, AFL-CIO; International Union of Operating Engineers, Local 150, AFL-CIO, Construction and General Laborers’ District Council of Chicago and Vicinity, Laborers International Union of North America, AFL-CIO; and Chicago Regional Council of Carpenters, United Brotherhood of Carpenters and Joiners of America.

Docket Entries

2019-07-12
JUDGMENT ISSUED.
2019-06-10
Petition GRANTED. Judgment VACATED and case REMANDED to the United States Court of Appeals for the Seventh Circuit with instructions to direct the District Court to dismiss the case as moot. See United States v. Munsingwear, Inc., 340 U. S. 36 (1950).
2019-05-21
DISTRIBUTED for Conference of 6/6/2019.
2019-05-20
Reply of petitioners Village of Lincolnshire, et al. filed.
2019-05-02
Brief of respondents International Union of Operating Engineers Local 399, et al. in opposition filed.
2019-04-04
Motion to extend the time to file a response is granted and the time is further extended to and including May 2, 2019.
2019-04-01
Motion to extend the time to file a response from April 17, 2019 to May 2, 2019, submitted to The Clerk.
2019-03-05
Motion to extend the time to file a response is granted and the time is extended to and including April 17, 2019.
2019-02-28
Motion to extend the time to file a response from March 18, 2019 to April 17, 2019, submitted to The Clerk.
2019-02-14
Petition for a writ of certiorari filed. (Response due March 18, 2019)
2018-12-12
Application (18A614) granted by Justice Kavanaugh extending the time to file until February 25, 2019.
2018-12-06
Application (18A614) to extend the time to file a petition for a writ of certiorari from December 27, 2018 to February 25, 2019, submitted to Justice Kavanaugh.

Attorneys

International Union of Operating Engineers Local 399, et al.
James B. CoppessAmerican Federation of Labor and Congress of Industrial Organizations, Respondent
James B. CoppessAmerican Federation of Labor and Congress of Industrial Organizations, Respondent
Village of Lincolnshire, et al.
Shay DvoretzkyJones Day, Petitioner
Shay DvoretzkyJones Day, Petitioner
Shay DvoretzkyJones Day, Petitioner
Shay DvoretzkyJones Day, Petitioner