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- Subject: LITTON FINANCIAL PRINTING DIV. v. NLRB, Syllabus
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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as
- is being done in connection with this case, at the time the opinion is
- issued. The syllabus constitutes no part of the opinion of the Court but
- has been prepared by the Reporter of Decisions for the convenience of the
- reader. See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
- SUPREME COURT OF THE UNITED STATES
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-
- Syllabus
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- LITTON FINANCIAL PRINTING DIVISION, A DIVI SION OF LITTON BUSINESS
- SYSTEMS, INC. v. NATIONAL LABOR RELATIONS BOARD et al.
-
- certiorari to the united states court of appeals for the ninth circuit
-
- No. 90-285. Argued March 20, 1991 -- Decided June 13, 1991
-
- Among other things, the collective-bargaining agreement (Agreement) between
- petitioner Litton and the Union representing the production employees at
- Litton's printing plant broadly required that all differences as to
- contract construction or violations be determined by arbitration, specified
- that grievances that could not be resolved under a two-step grievance
- procedure should be submitted for binding arbitration, and provided that,
- in case of layoffs, length of continuous service would be the determining
- factor "if other things such as aptitude and ability [were] equal." The
- Agreement expired in October 1979. A new agreement had not been negotiated
- when, in August and September 1980 and without any notice to the Union,
- Litton laid off 10 of the workers at its plant, including 6 of the most
- senior employees, pursuant to its decision to close down its cold-type
- printing operation. The Union filed grievances on behalf of the laidoff
- employees, claiming a violation of the Agreement, but Litton refused to
- submit to the contractual grievance and arbitration procedure, to negotiate
- over its layoff decision, or to arbitrate under any circumstances. Based
- on its precedents dealing with unilateral postexpiration abandonment of
- contractual grievance procedures and postexpiration arbitrability, the
- National Labor Relations Board (Board) held that Litton's actions violated
- 15 8(a)(1) and (5) of the National Labor Relations Act (NLRA). However,
- although it ordered Litton, inter alia, to process the grievances through
- the two-step grievance procedure and to bargain with the Union over the
- layoffs, the Board refused to order arbitration of the particular layoff
- disputes, ruling that they did not "arise under" the expired contract as
- required by its decision in Indiana & Michigan Electric Co., 284 N. L. R.
- B. 53, and its interpretation of this Court's decision in Nolde Bros., Inc.
- v. Bakery Workers, 430 U. S. 243. The Court of Appeals enforced the
- Board's order, with the exception of that portion holding the layoff
- grievance not arbitrable, ruling that the right to lay off in seniority
- order, if other things such as aptitude and ability were equal, did arise
- under the Agreement.
-
- Held: The layoff dispute was not arbitrable. Pp. 6-18.
-
- (a) The unilateral change doctrine of NLRB v. Katz, 369 U. S. 736 --
- whereby an employer violates the NLRA if, without bargaining to impasse, it
- effects a unilateral change of an existing term or condition of employment
- -- extends to cases in which an existing agreement has expired and
- negotiations on a new one have yet to be completed. See, e. g., Laborers
- Health and Welfare Trust Fund v. Advanced Lightweight Concrete Co., 484 U.
- S. 539, 544, n. 6. However, since Hilton-Davis Chemical Co., 185 N. L. R.
- B. 241, the Board has held that an arbitration clause does not, by
- operation of the NLRA as interpreted in Katz, continue in effect after
- expiration of a collective-bargaining agreement. Pp. 6-8.
-
- (b) This Court will not extend the unilateral change doctrine to impose
- a statutory duty to arbitrate postexpiration disputes. The Board's
- Hilton-Davis Chemical Co. rule is both rational and consistent with the
- NLRA, under which arbitration is a matter of consent and will not be
- imposed beyond the scope of the parties' agreement. See, e. g., Gateway
- Coal Co. v. Mine Workers, 414 U. S. 368, 374. The Board's rule is
- therefore entitled to deference. If parties who favor labor arbitration
- during a contract's term also desire it to resolve postexpiration disputes,
- they can draft their agreement to so indicate, to eliminate any hiatus
- between expiration of the old and execution of the new agreement, or to
- remain in effect until they bargain to impasse. Pp. 8-9.
-
- (c) The Board's decision not to order arbitration of the layoff
- grievances in this case is not entitled to substantial deference. Although
- the Board has considerable authority to structure its remedial orders to
- effectuate the NLRA's purposes and to order the relief it deems
- appropriate, its decision here is not based on statutory considerations,
- but rests upon its interpretation of the Agreement, applying Nolde Bros.
- and the federal common law of collective bargaining. Arbitrators and
- courts, rather than the Board, are the principal sources of contract
- interpretation under MDRV 301 of the Labor Management Relations Act.
- Deferring to the Board in its interpretation of contracts would risk the
- development of conflicting principles. Pp. 9-11.
-
- (d) Nevertheless, as Nolde Bros. recognized, a postexpiration duty to
- arbitrate a dispute may arise from the express or implied terms of the
- expired agreement itself. Holding that the extensive obligation to
- arbitrate under the contract there at issue was not consistent with an
- interpretation that would eliminate all duty to arbitrate upon expiration,
- Nolde Bros., supra, at 255, found a presumption in favor of postexpira tion
- arbitration of disputes unless negated expressly or by clear implication,
- so long as such disputes arose out of the relation governed by contract.
- Pp. 11-13.
-
- (e) The Agreement's unlimited arbitration clause places it within the
- precise rational of Nolde Bros., such that other Agreement provisions
- cannot rebut the Nolde Bros. presumption. P. 13.
-
- (f) However, Nolde Bros. does not announce a broad rule that post
- expiration grievances concerning terms and conditions of employment remain
- arbitrable, but applies only where a dispute has its real source in the
- contract. Absent an explicit agreement that certain benefits continue past
- expiration, a postexpiration grievance can be said to arise under the
- contract only where it involves facts and occurrences that arise before
- expiration, where a postexpiration action infringes a right that accrued or
- vested under the agreement, or where, under the normal principles of
- contract interpretation, the disputed contractual right survives expiration
- of the remainder of the agreement. And, as Nolde Bros. found, structural
- provisions relating to remedies and dispute resolution -- e. g., an
- arbitration provision -- may in some cases survive in order to enforce
- duties under the contract. It is presumed as a matter of contract
- interpretation that the parties did not intend a pivotal dispute resolution
- provision to terminate for all purposes upon the Agreement's expiration.
- Pp. 13-16.
-
- (g) Application of the foregoing principles reveals that the layoff
- dispute at issue does not arise under the Agreement. Since the layoffs
- took place almost one year after the Agreement expired, the grievances are
- arbitrable only if they involve rights which accrued or vested under the
- Agreement or carried over after its expiration. The layoff provision here
- does not satisfy these requirements and, unlike the severance pay provision
- at issue in Nolde Bros., cannot be construed as a grant of deferred
- compensation for time already worked. The order of layoffs under the
- Agreement was to be determined primarily with reference to "other [factors]
- such as aptitude and ability," which do not remain constant, but either
- improve or atrophy over time, and which vary in importance with the
- requirements of the employer's business at any given moment. Thus, any
- arbitration proceeding would of necessity focus upon whether such factors
- were equal as of the date of the layoff decision and the decision to close
- down the cold-type operation, and an intent to freeze any particular order
- of layoff or vest any contractual right as of the Agreement's expiration
- cannot be inferred. Pp. 16-18.
-
- 893 F. 2d 1128, reversed in part and remanded.
-
- Kennedy, J., delivered the opinion of the Court, in which Rehnquist, C. J.,
- and White, O'Connor, and Souter, JJ., joined. Marshall, J., filed a
- dissenting opinion, in which Blackmun and Scalia, JJ., joined. Stevens,
- J., filed a dissenting opinion, in which Blackmun and Scalia, JJ., joined.
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