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NAT. METALCRAFTERS, DIV. OF KEYSTONE v. McNEIL

No. 85-1263.

784 F.2d 817 (1986)

NATIONAL METALCRAFTERS, a DIVISION OF KEYSTONE CONSOLIDATED INDUSTRIES, Plaintiff, Counterdefendant-Appellant, v. Donald J. McNEIL, Superintendent, Wage Claims Division, Illinois Department of Labor, Defendant-Appellee, and Betty Johnson, on behalf of herself and all others similarly situated, Intervenors-Defendants, Counterplaintiffs-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 26, 1986.

Attorney(s) appearing for the Case

Mark A. Casciari, Sefarth, Shaw, et al., Chicago, Ill., for plaintiff, counterdefendant-appellant.

Richard J. Puchalski, Illinois Atty. Gen., Ann C. Hodges, Katz, Friedman, Schur & Eagle, Chicago, Ill., for defendant-appellee.

Before BAUER and POSNER, Circuit Judges, and GRANT, Senior District Judge.

POSNER, Circuit Judge.

National Metalcrafters sues for a declaration that the Illinois Wage Payment and Collection Act, Ill.Rev.Stat. ch. 48, ¶¶ 39m-1 et seq., cannot, consistently with federal law, be used to order an employer to pay vacation benefits to which its workers (many of whom are on strike) are allegedly entitled by a collective bargaining agreement. The federal laws alleged to preempt the wage payment act are the Employees Retirement Income...

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