Certified Corporation, a Hawaii Corporation v. Hawaii Teamsters and Allied Workers, Local 996, Ibt

Certified Corporation brought suit in district court alleging that Hawaii Teamsters and Allied Workers, Local 996, IBT, (Local 996 or the Local) breached the no-strike provision of a collective bargaining agreement between Certified and the Local. The district court granted summary judgment in favor of Local 996. Certified appeals.

I. Statement of the Case

On July 28, 1974, Certified and Local 996 executed a written agreement. This collective bargaining agreement covered matters such as union recognition, seniority, hiring, grievances and arbitration. It also contained a no-strike provision. By its express terms, the agreement was effective from March 1, 1974, and expired on February 28, 1977.

Certified alleges that Anthony Rutledge, a bargaining agent for Local 996, entered into an oral agreement with Certified. Certified further alleges that this oral agreement extended the written agreement on a “day-to-day” basis, “subject to termination” on 48 hours notice. Finally, Certified alleges that by striking on March 1, 1977, without giving 48 hours notice of termination of the collective bargaining agreement then in effect, the Local breached the no-strike provision of that…