Litton Financial Printing

1
Bargaining Process Timeline
TCE based on final pre-impasse proposal
New Contract
Impasse
New Contract or
Parties Agree to Extend Contract or
Old

Contract
New Contract
Period
Statutory TCE
TC
Old Contract Terminates
Impasse
TCE based on final pre-impasse proposal
Impasse and self-help
2
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 TCEs 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

3
Litton Financial Printing(cont.)

• Arising under the contract means a right that
  accrued under the contract
• vacation pay
• severance pay
• Court decides whether the dispute is over a right
  accrued under the contract
• Court carving out an exception to Katz no
  changes doctrine
• union security clauses Sec. 8(a)(3)
• no strike clause - Sec. 13
• duty to arbitrate based on terms of agreement

4
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

5
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