Office & Professional Employees International Union, Local 42 v. United Automobile Workers, Westside Local No. 174
Office & Professional Employees International Union, Local 42 v. United Automobile Workers, Westside Local No. 174
Opinion of the Court
This is an appeal from the district court’s order, upon cross-motions for summary judgment, requiring arbitration of employee grievances in accordance with the terms of the collective bargaining agreement.
The issues on appeal are: (1) whether the district court erred in determining that there were no genuine issues as to
Our recent decisions in Chattanooga Mailers Union, Local No. 92 v. The Chattanooga News-Free Press Co., 524 F.2d 1305, decided October 29, 1975, and Nashville Newspaper Printing Pressman’s Union, Local No. 50 v. Newspaper Printing Corp., 518 F.2d 351, decided June 9, 1975, indicate that the district court was correct in determining that the agreement remained in existence. As we said in Chattanooga News-Free Press, “A notice to terminate must be clear and explicit. ... A notice of modification is not a notice of termination and does not affect termination of the contract.” At 1312. Clearly, it was for the district judge, not the arbitrator, to decide whether the contract had terminated.
Upon an examination of the record and briefs, we also agree with the district court that there is no genuine issue as to a material fact and that summary judgment in favor of appellees was proper.
The judgment of the district court is affirmed.
Reference
- Full Case Name
- OFFICE & PROFESSIONAL EMPLOYEES INTERNATIONAL UNION, LOCAL 42, AFL-CIO v. UNITED AUTOMOBILE, AEROSPACE & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, WEST-SIDE LOCAL NO. 174, UAW
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- 2 cases
- Status
- Published