The opinion of the court was delivered by: DAVID HERNDON, District Judge
Now before the court is plaintiff Central Illinois Public
Service Company's ("CIPS") Motion for Preliminary Injunction
against defendant International Brotherhood of Electrical Workers
Local Union No. 702 ("IBEW"). (Doc. 4.) CIPS initially filed a
Verified Complaint for Temporary Restraining Order ("TRO"),
Preliminary Injunction and Other Relief, a Motion for Entry of a
TRO, Motion for Entry of a Preliminary Injunction, and Supporting
Memorandum. (Docs. 1, 3, 4 and 5, respectively.) IBEW timely
opposed both motions. (Doc. 9.)
In a hearing before this Court, the parties agreed to go forth
with CIPS' Motion for Entry of a Preliminary Injunction, which
would then render as moot CIPS' Motion for Entry of a TRO. After the conclusion of CIPS'
evidence, IBEW made an oral motion for judgment as a matter of
law in favor of IBEW. After taking under advisement the parties'
briefs, oral arguments, and evidence presented by CIPS at the
preliminary injunction hearing, in accord with FEDERAL RULE OF
CIVIL PROCEDURE 52, the Court finds and concludes as follows.
1. CIPS is an Illinois corporation and public utility providing
electric and gas service to residential and commercial customers
throughout portions of Southern and Central Illinois. (Doc. 1, ¶
2. IBEW is an unincorporated association and labor organization
with its principal office in West Frankfort, Illinois. (Id. at
3. IBEW represents many employees, including various employees
of CIPS. (Id.)
4. CIPS and IBEW executed a collective bargaining agreement
(the "Agreement") on March 4, 2004, effective July 1, 2003
through June 30, 2007, covering an IBEW bargaining unit of
employees in the Shawnee Division of CIPS, now called Division 7.
(Id. at ¶ 4.) 5. The Agreement between CIPS and IBEW contains a no-strike
clause under Article III, § 3.01.*fn1 (Doc. 1, Ex.
6. Section 3.02*fn3 contains a promise from IBEW to
provide adequate services if employees cease work of their own
7. In §§ 3.03-3.06, the Agreement provides a four-level dispute
resolution process to resolve "any disagreement arising between
[CIPS] and any employee and/or employees under this Agreement."
(Id.) The grievance adjustment procedure culminates in
arbitration at the demand of either party, pursuant to § 3.06.
8. Article I, § 1.03 of the Agreement, among other things, sets
forth the conditions under which CIPS may contract out work
covered under the Agreement to workers not represented by IBEW.
(Id.) However, a separate Letter of Understanding from CIPS to
IBEW, dated November 1, 2003, and incorporated into the
Agreement, lists various types of work excluded from § 1.03
including spraying work. (Id. at pp. 83-84.)
9. CIPS hired a subcontractor, Owen Specialty Services ("OSS"),
which employs non-Union workers, to spray herbicide along CIPS'
utility right-of-ways and substations located throughout the
Southern Illinois region. (Doc. 5, p. 1.)
10. Because it felt that OSS paid its employees less than area
standards wages and benefits, IBEW began lawfully picketing OSS
at the hotel where its employees were staying on July 14, 2005.
(Doc. 9, pp. 2-3.)
11. On the evening of July 24, 2005, IBEW held a rally in
Marion, Illinois, outside of that same hotel. (Id. at 3.)
12. On the same evening as the IBEW rally, there was a high
voltage electric line failure between a CIPS' substation and the
Federal Penitentiary in Marion, Illinois. (Doc. 5, p. 2.) Because
this power outage occurred after normal working hours, CIPS was
required to contact its employees through one of its dispatch
centers to request they work "call-out overtime."*fn4
(Id.; see also James O'Daniel Preliminary Injunction Hearing
testimony [rough transcript] 100:9 through 102:6.)
13. CIPS was unable to get any positive response to its
call-outs that evening from its employees who are also IBEW
members (hereinafter "IBEW members"). CIPS claimed its dispatch
center made over approximately 200 calls that night (including
second-attempt calls) and received either no answer, an answering
machine, or refusals to work the overtime due to personal
reasons. (See, e.g., O'Daniel testimony [rough transcript] 106:9 ...