Iatse Local 720 v. Insync Show Productions

I. Background

InSync and IATSE entered into a collective bargaining agreement (the “2003–2007 CBA”) in January 2003. Article 26 of the 2003–2007 CBA, which governs the term of the agreement, contains an “evergreen clause.” Article 26 stated:

Except as otherwise provided for herein, this Agreement shall become effective on the 1st day of January, 2003 and shall continue in full force and effect to and including December 31st, 2007 and from year to year thereafter. The Employer agrees to live by the applicable wages, terms and conditions for additional projects in the future.

(emphasis added).

Article 15 of the 2003–2007 CBA includes a grievance and arbitration procedure. That provision defines “a grievance . . . as a claim or allegation by an employee in the bargaining unit or by the Union that the Employer has violated or is violating the provisions of this Agreement.” If the parties proceed to arbitration, “[t]he arbitrator’s award shall be based solely upon his interpretation of the meaning or application of the provisions of this Agreement.”

On October 2, 2007, IATSE informed InSync that IATSE was interested in changing the terms of the 2003–2007 CBA. InSync responded on…