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CHICAGO AREA VENDING v. LOCAL UNION NO. 761
May 9, 1983
CHICAGO AREA VENDING EMPLOYERS ASSOCIATION, PLAINTIFF,
LOCAL UNION NO. 761, A/W INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, AND CUSTOM COFFEE SERVICE, DEFENDANTS.
The opinion of the court was delivered by: William T. Hart, District Judge.
MEMORANDUM OPINION AND ORDER
This action is brought by a multiemployer bargaining
association, the Chicago Area Vending Employers Association
("Association") against Local Union No. 761, International
Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers
of America ("Local 761") and Custom Coffee Service ("CCS").
The gist of the three count complaint is that CCS, a member of
the Association, improperly and independently contracted with
Local 761 to withhold pay raises promised to CCS' employees
under the terms of the collective bargaining agreement between
the Association and Local 761. The Association seeks to
enforce under federal law the terms of the collective
bargaining agreement. The complaint also includes pendent
claims for breach of contract and tortious interference with
contractual relations. Relief is sought in the nature of
specific performance, an injunction,
declaratory judgment, back pay, liquidated damages, punitive
damages, costs and attorneys' fees. Jurisdiction is alleged
under section 301(a) of the Labor Management Relations Act of
1947 ("LMRA"), as amended 29 U.S.C. § 185, 28 U.S.C. § 1331 and
28 U.S.C. § 2201 and 2202.
The Association is an Illinois nonprofit corporation
comprised of eight separate employers engaged in the vending
machine industry in the Chicago metropolitan area. It is an
"employer" in or affecting commerce within the meaning of
section 152(2) of the LMRA. CCS is a charter member of the
Association and the Association alleges that CCS had not
severed its membership at any time relevant to this lawsuit.
Local 761 is a "labor organization" within the meaning of
section 152(5) of the LMRA and the designated bargaining agent
of the employees of the constituent members of the
The Association was formed in 1978 to negotiate and
administer collective bargaining agreements with Local 761.
Incident to its formation and purpose, each member entered
into an Association Agreement and executed a Power of
Attorney, appointing the Association as its collective
bargaining agent to Local 761. The Association Agreement
specifies the rights and duties of the Association and its
members which, in pertinent part, include:
Section 7. The committee is empowered . . .
(a) To negotiate and sign a collective
bargaining agreement . . . between the Union
and the members of the Association. Such . . .
agreement shall cover all the members'
employees represented by the Union and shall be
binding upon all members of the Association.
COLLECTIVE BARGAINING BY THE ASSOCIATION
Section 3. The members agree not to
individually, either directly or
indirectly, negotiate, discuss, agree to
sign, or sign any agreement with the
Union . . . including interim agreements,
concerning any matter under a collective
bargaining agreement with the Union.
Section 1. . . . The promises, undertakings and
agreements herein contained are a contract by
each member not only in favor of the Association
but also expressly for the benefit of every other
signatory. It is understood and agreed by all
members that any member who violates or fails or
refuses to perform, obey, or carry out any of the
above promises, undertakings and agreements
violates the entire purpose and objectives of the
Association and seriously and irreparably damages
the Association and its members.
Section 3. Any alleged violation of this Agreement
may be submitted to arbitration. . . .
Section 6. Because great and irreparable damage to
the Association and its members will result from
the violation by any member of the provisions of
this Agreement, the Committee may bypass
arbitration and may, by action in any court
having jurisdiction, apply for ...
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