Off. & Prof'l Employees Int'l Union, Local 42 v. United Auto. Workers, 524 F.2d 1316 (6th Cir. 1975). · Go Syfert
Off. & Prof'l Employees Int'l Union, Local 42 v. United Auto. Workers, 524 F.2d 1316 (6th Cir. 1975). Cases Citing This Book View Copy Cite
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At page 1317 Requirement for clear and explicit termination notice4 citing cases“notice to terminate must be clear and explicit.”2 citing courts quote it · 3 listed here
Other citing cases2 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
OFFICE & PROFESSIONAL EMPLOYEES INTERNATIONAL UNION, LOCAL 42, AFL-CIO
v.
UNITED AUTOMOBILE, AEROSPACE & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, WEST-SIDE LOCAL NO. 174, UAW
No. 75-1130.
Court of Appeals for the Sixth Circuit.
Nov 18, 1975.
Published opinion
524 F.2d 1316
1975 U.S. App. LEXIS 11876
Bruce Miller, Duane F. Ice, Miller, Klimist, Cohen, Martens & Sugerman, Detroit, Mich., for defendant-appellant., Eugene R. Bolanowski, Bolanowski & Brennan, James P. Brennan, Warren, Mich., for plaintiff-appellee.
McCree, Miller, Taylor.
Cited by 2 opinions  |  Published
PER CURIAM.

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[*1317] material facts, (2) whether the district court erred as a matter of law in determining that a notice from the employees’ union to open negotiations and amend and modify a collective bargaining agreement with the employer union did not terminate the agreement, and (3) whether the district judge should have submitted to the arbitrator the determination whether the collective bargaining agreement had been terminated by the notice.

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.