International Longshoremen's & Warehousemen's Union, Local 21 v. Reynolds Metals Company
Opinion
Opinion
Conti, J.
This is a suit by labor union under Section 301(a) of the Labor Management Relations Act, 29 U.S.C. § 185 (a) to enforce an alleged contract between plaintiff Union Local 21 and defendant Reynolds Metals Company.
At the oral argument before this court, counsel for appellant Reynolds Metals Company made a suggestion that the appeal was moot. This suggestion was based upon the fact that the Memorandum of Understanding between Reynolds Metals Company (appellant) and I.L.W.U., Local 21 (appellee), dated November 25, 1966, upon which this lawsuit is based, was incorporated into the Working Agreement between the Port of Longview and the I.L.W.U., Local 21.
That latter Working Agreement expired by its terms on July 1, 1971. The District Court entered a stay pending appeal, and the Working Agreement, incorporating the Memorandum of Understanding, expired on July 1, 1971. The automatic renewal provision contained in the Working Agreement does not have any force and effect pending this appeal because by its terms it was not applicable. That provision states:
Appellee itself argues that it gave such timely notice of its desire to modify the agreement.