Int'l Brotherhood of Electrical Workers v. Detroit Free Press, Inc., No. 13-7033 (D.C. Cir. 2014)Annotate this Case
The Union filed suit against WUSA-TV, a television station, alleging that the station breached its contractual obligations by laying off a technician. Because the grievance did not "arise under" the 2008 bargaining agreement, and the 2012 agreement was not yet in effect, the district court concluded that the station was not obligated to arbitrate. The court affirmed, concluding that seniority provisions in the 2008 agreement did not create vested or accrued rights and therefore, the grievance was not arbitrable under the 2008 agreement. Nor do the qualified seniority protections against layoffs contained in the 2008 agreement survive expiration under normal principles of contract interpretation. Moreover, the union's extrinsic evidence was itself ambiguous. Finally, the court rejected the Union's claim that the grievance was arbitrable under the 2012 agreement.