Tuesday, April 2, 2013

Murphy letter to Judge Berman

Dear Judge Berman:

I write in response to the Courts Endorsed Memo Order of March 21, 2013 (Doc. 1281) regarding the fully executed successor collective bargaining agreement between the District Council and the Association of Wall-Ceiling & Carpentry industries of New York, inc. (“WC&C”). Your Honor directed that “Mr. Walsh + Mr. Murphy are requested to supply authorities for the proposition that this Court can approve a collective bargaining agreement where only a MOU has been approved by a delegate body.”

I understand your request to be whether an approved memorandum of understanding or agreement (here, “MOU”) that modifies an expired collective bargaining agreement is materially the same as the fully executed successor collective bargaining agreement (“CBA”), which merges the terms and conditions ofthe expired CBA with those of the MOU. The answer is yes.



  2. http://scholar.google.com/scholar_case?case=4298261168969902491&q=Textile+Workers+v.+Lincoln+Mills+-+353+U.S.+448+(1957)&hl=en&as_sdt=3,33

  3. One very simple question which is not addressed by Murphy, is why were the complete contracts NOT given to the delegates?
    Bylaws section 5.B.8. Review and approve or reject, in advance, all Collective Bargaining Agreements following a recommendation from the Executive Committee. If a Collective Bargaining Agreement is rejected, the Delegate Body shall promptly inform the Executive Committee in writing of any provision(s) that caused, or will cause as indicated by a non-binding vote, in whole or in part, the rejection.
    no mention of reviewing parts of the contracts or that when the delegates approve an mou, that is the same as a contract, the bylaws say review the contract, not agree to broad undefined, terms without seeing the fine print.


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