International Brotherhood of Electrical Workers v. Detroit Free Press, Inc.
748 F.3d 355
D.C. Cir.2014Background
- IBEW Local 1200 represented WUSA-TV technicians under 2008 and later 2012 collective bargaining agreements.
- Grievances and arbitration were available; layoffs subject to good-faith bargaining and seniority-based protections.
- Peterson, the most senior technician, was laid off January 30, 2012; notice given per agreement.
- Union filed grievance February 16, 2012 alleging illegality under the 2008 agreement.
- District court granted summary judgment, holding the grievance was not arbitrable because the 2008 agreement had expired and 2012 not yet in effect.
- Court affirms district court’s ruling that Peterson’s grievance was not arbitrable under the 2008 or the 2012 agreement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Peterson’s grievance is arbitrable under the 2008 agreement after expiration. | Union: seniority-based layoff protections accrued under 2008. | Station: no vested or surviving rights post-expiration. | Not arbitrable under 2008; protections do not vest or survive expiration. |
| Whether seniority-based layoff protections survive expiration under normal contract interpretation. | Senior protections should survive if implied by contract. | No surviving rights beyond expiration; terms end with contract. | Protections do not survive expiration; not enforceable post-expiration. |
| Whether extrinsic evidence can create post-expiration obligations not stated in the contract. | Extrinsic evidence shows continued adherence to expired terms. | Extrinsic evidence cannot create obligations not in the contract. | Extrinsic evidence insufficient to create post-expiration duties. |
| Whether the 2012 agreement makes the pre-2012 grievance arbitrable. | Grievance could be arbitrable under 2012 terms. | No pre-2012 dispute governed by 2012 agreement; no notice gap. | Not arbitrable under 2012 agreement. |
Key Cases Cited
- Litton Fin. Printing Div. v. NLRB, 501 U.S. 190 (1991) (limits post-expiration arbitration rights; factors change over time)
- Des Moines Mailers Union, Teamsters Local No. 358 v. NLRB, 381 F.3d 767 (8th Cir. 2004) (contract endpoints define applicability of terms)
- Bidlack v. Wheelabrator Corp., 993 F.2d 603 (7th Cir. 1993) (extrinsic evidence cannot create contractual obligations not in writing)
- Baker v. Newspaper & Graphic Commc’ns Union, Local 6, 628 F.2d 156 (D.C. Cir. 1980) (seniority is contract-created and not independently vested)
- United Steelworkers of Am. v. Warrior & Gulf Nav. Co., 363 U.S. 574 (1960) (presumption of arbitrability limited to disputes arising under contract)