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CHICAGO TRIBUNE COMPANY Petitioner Cross-Respondent
vs.
NATIONAL LABOR RELATIONS BOARD Respondent Cross-Petitioner. and CHICAGO TYPOGRAPHICAL UNION NO. 16 COMMUNICATIONS WORKERS OF AMERICA AFL-CIO Petitioner Cross-Respondent.
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Issues:
Union issues, collective bargaining, off-duty conduct, alcohol testing, random testing, policy and procedure.
Case Summary:
The Chicago Tribune and it various employee unions seek judicial review of an order from the National Labor Relations Board. The order includes provisions for the random drug testing of Tribune employees. The testing plan was introduced by company officials under the management -rights clause of existing contracts and was not approved by the unions. While the unions objected to the adoption of the testing program, company officials opposed testing guidelines that were set forth by the labor board. Company officials and union representatives request that specific provisions of the board's order be set aside by the court. The board petitions the court to enforce its entire order.
Decision of lower jurisdiction:
This is the first judicial review of this case.
Outcome:
The Tribune company wins. The U.S. Court of Appeals for the Seventh Circuit agreed to review the provisions that company officials opposed. The court denied the unions' request for review. The court enforced certain aspects of the labor board's order and rejected other elements.