Allied Sales Drivers, et al. v. Sara Lee Bakery Group, et al., No. 12-3585 (8th Cir. 2014)
Annotate this CaseSara Lee and the Unions entered into a collective bargaining agreement (CBA), and an outsourcing agreement which permitted Sara Lee to outsource covered functions to a contract company. After Sara Lee did outsource one of the covered functions and the contract company hired Sara Lee's displaced employees, Sara Lee refused to require the contract company to adhere to the CBA for its remaining terms. The Unions argued that Sara Lee breached the outsourcing agreement. The court concluded that Sara Lee was entitled to judgment as a matter of law where the Unions failed to establish a genuine dispute of material fact as to whether Sara Lee subsequently changed subcontractors. The court found it unnecessary to address the extension agreement's impact on the old CBA's term or to reconcile this tangle of agreements, because the proposition that Sara Lee never subsequently changed subcontractors provided a clear basis upon which to affirm. Accordingly, the court affirmed the judgment of the district court.
Court Description: Civil case - Labor Law. In a dispute over outsourcing, the provision of the collective bargaining agreement relied upon by plaintiffs did not come into play because plaintiff failed to prove the trigger for the provision - a change in subcontractors - had occurred. Judge Colloton, concurring in the judgment.
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