Legal Question in Employment Law in California
C.P.I. clause in a collective bargaining agreement
A collective bargaining agreement entered into by said labor union and said employer during the year 2003. Was found after the fact of signing to be void of a C.P.I. increase clause.Seeming to be an omission or error, since there was no provision within the agreement for a wage freeze. And the term of the agreement was for an indefinite term. This was brought to the attention of the negotiating commitee of said labor union within a couple of months after the acceptance of the agreement.
Indeed it was an oversight(omission-error) to be addressed A.S.A.P.. Said employer refuses to correct the error without opening the entire contract for renegotiation. Well it's coming up on 2005 now and... ,well you know!
Is the contract legal with the omission?
Is the employer within his legal right to refuse to correct the omission without opening the entire contract for renegotiation?
Thank You
1 Answer from Attorneys
Re: C.P.I. clause in a collective bargaining agreement
Much more information is needed to respond to your question. Generally, a collective bargaining agreement will not imply terms that are not included. Thus, the lack of a CPI clause simply means that there are no increases under the contract. If, on the other hand the negotiations included a CPI clause and it was not included due to inadvertance, the Union should assert that position in a grievance so that the agreement can be corrected to reflect the agreement of the parties. There are problems with this as the employer may assert that the demand for a CPI adjustment was withdrawn at the last moment as a compromise to settle the contract.
No doubt the Union has skilled counsel to advise them on their options. Membes will have little involvement in the litigaiton.
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