Interpretation of a Referral Contract Between a Union and An Employer
In Hunter Corp. v. Industrial Comm'n, 268 Ill. App. 3d 1079, 1083, 206 Ill. Dec. 254, 645 N.E.2d 259 (1994), the key issue involved interpretation of a referral agreement between the Union and the employer. Hunter, 268 Ill. App. 3d 1079 at 1084.
Pursuant to the referral agreement, the court concluded that the last act necessary to form an employment contract occurred when Hunter Corp., located in Indiana, called and requested employees from its agent, Local 1, located in Illinois.
The Court held that contract formation occurred in Illinois because the employer's ability to reject a referred Union member was restricted by the referral agreement. Cf. Correct Construction, 307 Ill. App. 3d at 641 (union agreement provided that employer maintained the " 'exclusive right to accept or reject persons referred for employment,' " distinguishing Hunter, 268 Ill. App. 3d 1079, 206 Ill. Dec. 254, 645 N.E.2d 259).