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MERK v. JEWEL FOOD STORES

No. 90-2184.

945 F.2d 889 (1991)

Kelly MERK, Joseph Staszewski, and Vickie Menagh et al., on Behalf of Themselves and all Others Similarly Situated, Plaintiffs-Appellants, v. JEWEL FOOD STORES DIVISION OF JEWEL COMPANIES, INCORPORATED, American Stores Company, Incorporated, and United Food and Commercial Workers Union Local No. 881, Chartered by United Food and Commercial Workers International Union, AFL-CIO and CLC, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 27, 1991.

Rehearing and Rehearing Denied December 20, 1991.

Attorney(s) appearing for the Case

Howard K. Priess, Daniel R. Formeller, William Cremer (argued), Francis Spina, David W. Groundwater, Tressler, Soderstrom, Maloney & Priess, Chicago, Ill., for plaintiffs-appellants.

Max G. Brittain, Jr. (argued), Marcia E. Goodman, John J. Murphy, Jr., Kovar, Nelson, Brittain, Sledz & Morris, Chicago, Ill., for Jewel Food Stores Div. of Jewel Companies, Inc. and American Stores Co., Inc.

Jairus M. Gilden, Neal D. Rosenfeld, Jonathan D. Karmel, Rosenfeld & Karmel, Chicago, Ill., for United Food and Commercial Workers Union Local No. 881, chartered by United Food and Commercial Workers Intern. Union, AFL-CIO and CLC.

Before CUDAHY, EASTERBROOK and RIPPLE, Circuit Judges.

Rehearing and Rehearing In Banc Denied December 20, 1991.

CUDAHY, Circuit Judge.

This case involves application of the parol evidence rule to the unique context of collective bargaining agreements. Specifically, we must determine the legal significance of secret oral negotiations between union officials and company management that modify central terms of a collective bargaining agreement which was submitted to the union membership for ratification without...

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