1. Bargaining Process Timeline
TCE based on final
pre-impasse proposal
New
Contract
Impasse
New Contract or
Parties Agree to
Extend Contract or
Old
Contract
New Contract
Period
Statutory TCE TC
Old
Contract
Terminates
Impasse
TCE based on final
pre-impasse proposal
Impasse and self-help

2. Litton Financial Printing
Court balancing three conflicting doctrines
In the absence of an agreement to extend contract past the expiration date, Katz “no changes” doctrine makes post-expiration TCE’s a matter of law, not contract
grievance and arbitration a TCE
Nolde Bros. (Supreme Court) case that says that obligation to arbitrate cases arising under the contract survives expiration of the agreement
Arbitration a consensual process
consent ceases when CBA expires

3. Litton Financial Printing (cont.)
“Arising under the contract” means a right that accrued under the contract
vacation pay
severance pay
Court decides whether the dispute is over a right accrued under the contract
Court carving out an exception to Katz “no changes” doctrine:
union security clauses – Sec. 8(a)(3)
no strike clause - Sec. 13
duty to arbitrate based on terms of agreement

4. Litton Fin. Printing (cont.)
TCE that exist unchanged after expiration per Katz exist by law, not contract
enforced by legal, not contractual means
Post-contract expiration grievance under the CBA exists only where:
grievance involves facts or occurrences that arose before expiration;
where a post-expiration action by er affects rights accrued or vested under the agreement; or
disputed contractual right survives expiration of the agreement
After expiration of the agreement, obligation to arbitrate a function of the nature of the dispute rather than the scope of the grievance and arbitration clause

5. Litton Financial Printing (cont.)
In general, unilateral change cases must go to Board as UFLP cases, not to arb
Court avoids question of whether seniority accrues and vests over time
focuses on aptitude and ability language in contract
Dissent: seniority should vest and should accrue
worked for over time