Fernandez v. Kerry, Inc., No. 21-1067 (7th Cir. 2021)
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Kerry began requiring workers to use fingerprints to clock in and out. Plaintiffs, former employees, say that Kerry did not obtain their consent before doing so in violation of the Illinois Biometric Information Privacy Act.
The Seventh Circuit affirmed the dismissal of the suit as preempted by the Labor Management Relations Act, 29 U.S.C. 185 because its resolution depends on the interpretation of collective-bargaining agreements between Kerry and the plaintiffs' union. Federal law prevents states from interfering in relations between unions and private employers. Whether a topic of bargaining is mandatory or permissive, the union is the workers’ agent. If labor and management want to bargain collectively about particular working conditions, they are free to do so. Workers cannot insist that management bypass the union and deal with them directly about these subjects. The use of biometric data is a topic for bargaining between unions and management. States cannot bypass the mechanisms of federal law and authorize direct negotiation or litigation between workers and management.
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