Shakman v. International Brotherhood of Teamsters, No. 19-2772 (7th Cir. 2020)Annotate this Case
Many years ago, a class of plaintiffs sued, alleging that the Clerk of the Circuit Court of Cook County was engaging in unlawful political patronage in violation of the First and Fourteenth Amendments. In 1972, the Clerk and the plaintiffs entered into a consent decree that prohibited the Clerk from discriminating against the office’s employees for political reasons; in 1983, a separate judgment extended that prohibition to hiring practices. Litigation has continued. In 2018, a magistrate judge appointed a special master to monitor the Clerk’s compliance. The special master sought to observe the conduct of the Clerk’s office managers at employee grievance meetings. The employees’ union sent the special master a cease-and-desist letter purporting to bar her from the room.
The plaintiffs sought a declaratory judgment clarifying that the 2018 supplemental relief order authorized the special master to observe the grievance meetings. The union—which was not a party to the suit and did not seek to become one—filed a memorandum opposing the motion, arguing that the 1972 consent decree did not provide a basis for the supplemental relief order and that the special master’s presence violated Illinois labor law and the union’s collective bargaining agreement. The magistrate agreed with the plaintiffs. The Seventh Circuit affirmed without addressing the merits of the union’s argument. Party status is a jurisdictional requirement.