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Lowe Excavating Co. v. International Union of Operating Engineers Local No. 150

Ill. App. Ct.February 22, 2002No. 2-00-1363Cited 15 times
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Case Details

Judge(s)
McLAREN
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
jury verdict

Related Laws

No specific laws identified for this ruling.

Outcome

Lowe Excavating prevailed on claims of tortious interference with contractual relationship and prospective economic advantage against the Union and its business agent Darling, who picketed based on inadequate investigation of wage compliance on a federally-funded project where prevailing wages were being paid.

What This Ruling Means

**Lowe Excavating Co. v. International Union of Operating Engineers Local No. 150** This case involved a dispute between Lowe Excavating Company and a labor union. The union and its business agent organized a picket against Lowe Excavating at a federally-funded construction project, claiming the company wasn't paying proper wages to workers. However, the company argued that it was actually paying the required prevailing wages and that the union had not properly investigated before starting the picket. The court ruled in favor of Lowe Excavating Company. The judge found that the union had wrongfully interfered with the company's business relationships and future economic opportunities by picketing without conducting an adequate investigation first. The company was awarded $4,680 in damages from the union. **What this means for workers:** This ruling highlights the importance of unions conducting thorough investigations before taking action like picketing. While unions have the right to advocate for fair wages and working conditions, they must have solid evidence to support their claims. Workers should know that both employers and unions can be held legally accountable for their actions, and that proper research and documentation are crucial when workplace disputes arise.

This summary was generated to explain the ruling in plain English and is not legal advice.

More Rulings in This Case

Other orders and opinions in Lowe Excavating Co. v. International Union of Operating Engineers Local No. 150 from the same court.

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<bold>1. Employer and Employee — wrongful discharge</bold> <bold>— reporting misconduct to management — evidence</bold> <bold>sufficient</bold> <block_quote> The trial court erred by granting defendants' motion for directed verdict on a claim for the wrongful discharge of an at-will employee where the claim was based upon a retaliatory termination after plaintiff reported to management that the company was withholding negative account balance statements from customers, transferring the monies to a separate account, and continuing to invoice customers in violation of N.C.G.S. § <cross_reference>14-100</cross_reference> (obtaining property by false pretenses).</block_quote> <bold>2. Employer and Employee — tortious interference</bold><bold>with contract — termination — wrongful purpose</bold><bold>— evidence sufficient</bold> <block_quote> The trial court erred by granting defendants' motion for directed verdict on a claim for tortious interference with a contract by defendant Smith where plaintiff reported misconduct<page_number>Page 76</page_number> within the company to Smith and was later terminated. Plaintiff forecasted more than a scintilla of evidence that he was terminated for a wrongful purpose.</block_quote> <bold>3. Appeal and Error — preservation of issues</bold><bold>— argument not raised</bold> <block_quote> Plaintiff was deemed to have abandoned an argument on appeal that a corporation ratified the acts of a supervisor in a wrongful termination suit. Plaintiff did not raise the issue in his brief, cite authority, or point to evidence in the record.</block_quote> <bold>4. Unfair Trade Practices — employment dispute</bold><bold>— not an un-fair or deceptive trade practice</bold> <block_quote> The trial court did not err by granting defendants' motion for a directed verdict on plaintiffs claim for unfair and deceptive trade practices after an alleged retaliatory firing. The case involved a simple employment dispute and did not fall with

Plaintiff Win

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