Advocates for Labor and Progressive Institutions

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News

Bakery workers win summary judgment against Just Born: decision affirms narrow scope of negotiated no-strike clause

December 29, 2017

Local Union No. 6 of the Bakery, Confectionery, Tobacco Workers and Grain Millers International Union of America won summary judgment against Just Born, Inc., a Bethlehem, Pennsylvania candy manufacturer that sued the Union claiming that a September 2016 strike violated the collective-bargaining agreement, which Just Born claimed had been orally extended.

The United States District Court for the Eastern District of Pennsylvania held that the contract prohibited only strikes over disputes subject to the contract’s grievance-resolution process, and thus–regardless of whether the agreement had been extended–did not bar the Union’s strike over the terms of a successor agreement. Bredhoff & Kaiser represented the Union. Just Born, Inc. v. Local Union No. 6, BCTGM, Civ. No. 16-5114, 2017 WL 6731647 (E.D. Pa. Dec. 29, 2017). Media coverage of the decision appears here.