International Union, United Automobile v. Zf Boge Elastmetall LLC

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ARGUED DECEMBER 7, 2010

Before RIPPLE, KANNE and SYKES, Circuit Judges.

The International Union, United Automobile, Aerospace & Agricultural Implement Workers of America (“UAW”) and its Local 2343 (collec-tively, the “Union”) brought this action against ZF Boge Elastmetall LLC (“ZF Boge”) in the United States District Court for the Central District of Illinois. The Union claimed that ZF Boge breached the operative collective bargaining agreement (“Agreement” or “CBA”) by closing a manufacturing plant in Paris, Illinois, after it had secured various concessions from the Union, which represented the employees at the Paris facility. Proceeding under section 301 of the Labor Management Relations Act, 29 U.S.C. § 185, the Union requested both damages and specific performance of a provision in a labor agreement that, it contends, required ZF Boge to maintain the operation of the Paris facility following a consolidation of operations with a facility in Hebron, Kentucky. The parties filed cross-motions for summary judgment, and the district court entered judgment for ZF Boge. The Union now appeals.

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