Kcw Furniture, Inc. v. National Labor Relations Board

This petition for review of an order of the National Labor Relations Board (NLRB) and cross-application for enforcement of the order involve the construction of the “Duration and Renewal” provision of a collective-bargaining agreement between Petitioner, KCW Furniture, Inc. (KCW), and Local 174 of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America (Union).

KCW and the Union entered into an agreement on November 20, 1975, which was effective from April 1, 1974 until April 1, 1977. The agreement contained the following “Duration and Renewal” provision:

On January 12, 1977, the Union sent KCW a letter which stated:

By letter dated August 17, 1977, KCW sent Local 174 a written proposal for a collective bargaining agreement . to succeed the one which expired April 1, 1977.” A negotiating session between KCW and the Union took place on August 22, 1977. The Union negotiators made a complete contract proposal and insisted that any agreement ultimately entered into be retroactive to April 1, 1977. The meeting was then adjourned so that the parties might study each other’s proposals. A second bargaining session was held on September 30,1977.…