INTERNATIONAL UNION OF OPERATING ENGINEERS v. NLRB

No. 22-2674 & 23-3172 No. 23-1014 & 23-3172.

109 F.4th 905 (2024)

INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 150, AFL-CIO, Petitioner, Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Cross-Petitioner, and Troy Grove and Vermilion Quarry, Intervening Respondents. Troy Grove and Vermilion Quarry, Petitioners, Cross-Respondents, v. National Labor Relations Board, Respondent, Cross-Appellant, and International Union of Operating Engineers, Local 150, AFL-CIO, Intervening Respondent.

United States Court of Appeals, Seventh Circuit.

Decided July 23, 2024.


Attorney(s) appearing for the Case

Steven A. Davidson, Dale D. Pierson, Wilfred Daniel Quinn, Attorneys, IUOE Local 150 Legal Department, Countryside, IL, for Petitioner, Cross-Respondent in Nos. 22-2674 & 23-3172.

Charles R. Kiser, Wilfred Daniel Quinn, Attorneys, IUOE Local 150 Legal Department, Countryside, IL, for Intervening Respondent in No. 23-1014.

Ruth E. Burdick, David Habenstreit, Usha Dheenan, Attorneys, National Labor Relations Board, Office of the General Counsel, Washington, DC, Brady Francisco-FitzMaurice, Attorney, National Labor Relations Board, Appellate Court Branch, Washington, DC, Patricia K. Nachand, Nathaniel Edward Strickler, Attorneys, National Labor Relations Board, Indianapolis, IN, for Respondent, Cross-Petitioner in Nos. 22-2674 & 23-3172.

Ruth E. Burdick, Usha Dheenan, Attorneys, National Labor Relations Board, Office of the General Counsel, Washington, DC, Brady Francisco-FitzMaurice, Attorney, National Labor Relations Board, Appellate Court Branch, Washington, DC, for Respondent, Cross-Appellant in No. 23-1014.

Arthur W. Eggers, James S. Zmuda, Attorney, Calif & Harper, PC, Moline, IL, for Intervening Respondents, Petitioners, Cross-Respondents in Nos. 22-2674, 23-3172 & 23-1014.

Andrea Friedman, Attorney, Department of Justice, Civil Division, Constitutional Tort Staff, Washington, DC, for Responder in Nos. 22-2674 & 23-3172.

Before Brennan, Kirsch, and Lee, Circuit Judges.


In early 2018, employees represented by the International Union of Operating Engineers, Local 150, went on strike at two quarries. During that strike, the mining company operating those quarries, RiverStone Group, Inc., disciplined and discharged a union member, required another union member to sign a hiring list when he...

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