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Appellate court strikes down Chicago FOP’s vax lawsuit

Friday, Nov 4, 2022 - Posted by Rich Miller

* First District Illinois Appellate Court

This case stems from the City of Chicago (City)’s implementation of a policy, announced on August 25, 2021, requiring city employees to be vaccinated against COVID-19. This policy extended to the sworn police officers who are members of the plaintiff labor organizations. The parties involved were all subject to collective bargaining agreements (CBAs), and the plaintiffs filed grievances before an arbitrator after the City refused to bargain to agreement or impasse about the terms and effects of the City’s vaccination policy. The arbitrator found that the City was authorized to unilaterally implement the policy under a management rights clause included in each of the CBAs, and the circuit court denied the plaintiffs’ motion to vacate that arbitration award on the basis that it was against public policy. On appeal, the plaintiffs argue they have identified several well-defined and dominant public policies that require us to overturn the arbitrator’s award. For the following reasons, we disagree, and affirm the judgment of the circuit court. […]

Because the Unions have failed to identify any well-defined and dominant public policy that is implicated by this arbitration award, the public-policy exception does not apply.

       

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