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TOTH v. USX CORP.

No. 88-2889.

883 F.2d 1297 (1989)

Andrew TOTH, et al., Plaintiffs-Appellants, v. USX CORPORATION, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 25, 1989.

Attorney(s) appearing for the Case

Thomas H. Geoghegan, Despres, Schwartz & Geoghegan, Chicago, Ill., for plaintiffs-appellants.

Richard M. Stanton, Jacobs, Burns, Sugarman & Orlove, Chicago, Ill., S.G. Clark, Billy M. Tennant, Pittsburgh, Pa., Luanne Ellison, Chicago, Ill., F.A. Flowers, III, Graham Beene, Burr & Foreman, Birmingham, Ala., for defendant-appellee.

Michael H. Gottesman, Bredhoff & Kaiser, Washington, D.C., for amicus curiae.

Before WOOD, Jr., CUDAHY and KANNE, Circuit Judges.

CUDAHY, Circuit Judge.

In this case we are asked to decide whether the defendant, USX Corporation ("USX"), may institute a leave policy, refuse all but six applications under the policy and then rescind the policy without formally consulting their workers' union (in this case, the United Steelworkers of America, AFL-CIO-CLC ("USWA", the "Union" )) or notifying other potentially eligible claimants. Fifteen former USX employees...

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