provisions in collective bargaining agreement “survive” its termination in that union must be given opportunity to bargain before employer can make changes
How later courts described this case
- provisions in collective bargaining agreement “survive” its termination in that union must be given opportunity to bargain before employer can make changes
- superseniority provision survives despite fact that its “primary purpose ... is to help the union further establish itself”
- one month is a sufficient amount of time for union to request bargaining on a proposed unilateral change
Written by the judges who cited it.
The opinion
J. SPENCER BELL, Circuit Judge
(dissenting):
I dissent. The point upon which the majority decides the case was never before the Examiner as an issue in the case and it should not be considered at this late date. The Board refused to reopen the case and so should we. In any event the most that we should do would be to remand the case and order the Board to take evidence on the point.