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Litton Financial Printing: Contract Impasse & Termination of Bargaining Agreement, Slides of Labour Law

Alagappa UniversityLabour Law

The litton financial printing case, where the court had to balance conflicting doctrines regarding the termination of a collective bargaining agreement (cba) and the enforcement of grievances and arbitration. The katz 'no changes' doctrine, the nolde bros. Case, and the impact of contract expiration on tces, grievances, and arbitration.

Typology: Slides

2012/2013

Uploaded on 01/26/2013

sahana
sahana 🇮🇳

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Contract
Period
Old
Old
Contract
Terminates
Parties Agree to
Extend Contract or
Statutory TCE
Bargaining Process Timeline
New Contract
Impasse New
Contract
Impasse T
C
TCE based on final
pre-impasse proposal
TCE based on final
pre-impasse
proposal
Impasse and self-help
New Contract or
Docsity.com
pf3
pf4
pf5

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Contract

Period

Old

Old Contract Terminates

Parties Agree to Extend Contract or

Statutory TCE

Bargaining Process Timeline

New Contract

Impasse

New Contract

Impasse

T C TCE based on final pre-impasse proposal

TCE based on final pre-impasse proposal

Impasse and self-help

New Contract or

Litton Financial Printing

  • Court balancing three conflicting doctrines
    • In the absence of an agreement to extend

contract past the expiration date, Katz “no

changes” doctrine makes post-expiration TCE’s

a matter of law, not contract

  • grievance and arbitration a TCE
  • Nolde Bros. (Supreme Court) case that says

that obligation to arbitrate cases arising under

the contract survives expiration of the

agreement

  • Arbitration a consensual process
    • consent ceases when CBA expires

Litton Fin. Printing (cont.)

  • TCE that exist unchanged after expiration per

Katz exist by law, not contract

  • enforced by legal, not contractual means
  • Post-contract expiration grievance under the CBA

exists only where:

  • grievance involves facts or occurrences that arose before expiration;
  • where a post-expiration action by er affects rights accrued or vested under the agreement; or
  • disputed contractual right survives expiration of the agreement
  • After expiration of the agreement, obligation to arbitrate a function of the nature of the dispute rather than the scope of the grievance and arbitration clause

Litton Financial Printing

(cont.)

• In general, unilateral change cases must go

to Board as UFLP cases, not to arb

• Court avoids question of whether seniority

accrues and vests over time

  • focuses on aptitude and ability language in

contract

  • Dissent: seniority should vest and should accrue
    • worked for over time