Gonzalez v. Prestress Engineering Corp‪.‬

In Midgett v. Sackett-Chicago, Inc. (1984), 105 Ill.2d 143, cert. denied (1985), 474 U.S. 909, 88 L.Ed.2d 243, 106 S.Ct. 278, cert. denied (1985), 472 U.S. 1032, 87 L.Ed.2d 642, 105 S.Ct. 3513, this court held that a tort action for retaliatory discharge for exercising rights under the Workers' Compensation Act (Ill. Rev. Stat. 1981, ch. 48, par. 138.1 et seq.), established in Kelsay v. Motorola, Inc. (1978), 74 Ill.2d 172, as a remedy available to at-will employees, was equally available to unionized employees covered by a collective-bargaining agreement. We allowed leave to appeal in these consolidated cases to determine whether, in light of the subsequent Supreme Court decision in Allis-Chalmers Corp. v. Lueck (1985), 471 U.S. 202, 85 L.Ed.2d 206, 105 S.Ct. 1904, section 301 of the Labor Management Relations Act (section 301) (29 U.S.C. § 185(a) (1982)) preempts the independent State tort action recognized in Midgett, and whether failure to exhaust grievance procedures established in a collective-bargaining agreement bars the action.