EXELON v. LOCAL 15, INTERN. BROTH. OF ELEC.

No. 11-2423.

676 F.3d 566 (2012)

EXELON GENERATION COMPANY, LLC, Plaintiff/Counter-Defendant-Appellee, v. LOCAL 15, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL-CIO, Defendant/Counter-Plaintiff-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided March 29, 2012.

As Amended May 9, 2012.


Attorney(s) appearing for the Case

Brian J. Gold (argued), Attorney, Sidley Austin LLP, Chicago, IL, for Plaintiff-Appellee.

Victoria L. Bor (argued), Attorney, Sherman, Dunn, Cohen, Leifer, & Yellig, Washington, DC, John J. Toomey , Attorney, Arnold & Kadjan, Chicago, IL, for Defendant-Appellant.

Before KANNE, SYKES, and HAMILTON, Circuit Judges.


HAMILTON, Circuit Judge.

To work at one of the nation's privately-owned nuclear power plants, many employees must receive a security clearance with "unescorted access" privileges. When such access is denied or revoked, the Nuclear Regulatory Commission requires owner-licensees of nuclear facilities to provide the aggrieved worker with a review procedure. For plants whose employees are unionized, a longstanding issue has been whether labor arbitrators deciding grievances...

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