Legal Question in Employment Law in California

Expired Union Contracts

We are a community college classified bargaining unit. We are working under an expired contract and some of the membership is moving for decertification to a private union. The decertification people claim the current contract is binding on the district until a new contract is negotiated no matter who represents us. The union claims the district is not bound by the terms of the expired contract and the new private union would have to negotiate ''from scratch' Who's telling the truth?


Asked on 1/21/09, 12:57 pm

1 Answer from Attorneys

Daniel Bakondi The Law Office of Daniel Bakondi

Re: Expired Union Contracts

This is one of those situations that depends on the details, and is probably arguable both ways. Hopefully you have a good attorney arguing for your interests. There are provisions in contract law that effectively say that if the parties continue to perform and act as if there is an agreement, then under certain circumstances the contract continues even if the date for expiration has passed. Sounds like each party here is trying to do whatever is on their interest, and the issue of who is right and is the contract in effect may never be determined by a court unless someone takes the issue to litigation. Each party is making arguments to use for leverage. If you want my help you need to contact me. I would be happy to help.

Best,

Daniel Bakondi, Esq.

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Answered on 1/21/09, 7:56 pm


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