Gurumurthy Kalyanaram on Interpretation of Collective Bargaining Agreement (CBA)
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Unions and employers work hard to craft CBAs, but lawsuits emerge even in cases of carefully designed CBAs. In this essay, Gurumurthy Kalyanaram reports on this important matter.
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![Gurumurthy Kalyanaram on Interpretation of Collective Bargaining
Agreement (CBA)
http://gurumurthykalyanaram.blog.com/
There are many lawsuits arising out of disputes in interpretation of the
collectively bargained agreements. Unions and employers work hard to craft
CBAs, but lawsuits emerge even in cases of carefully designed CBAs. In this
essay, Gurumurthy Kalyanaram reports on this important matter.
U.S. Supreme Court and Second Circuit have established precedents which
mandate that (i) the provisions of a Collective Bargaining Agreement must be read
as a whole in conjunction with other provisions; and (ii) the provisions of a
Collective Bargaining Agreement must be interpreted in a manner that does not
render any provision superfluous, meaningless, or of no effect.
Supreme Court Decisions
In Mastro Plastics Corp. v. NLRB, 350 U.S. 270, 279 (1956), the Supreme
Court held that collective bargaining agreements should generally be interpreted
according to established contract interpretation principles, including the principles
that, “Like other contracts, [a collective bargaining agreement] must be read as a
whole.”
Applying a similar principle, in Sandifer v. United States Steel Corp., Case
No. 12-417, at 6, 10-11 (Jan. 27, 2014), the Court recently reiterated that the
language of labor statute provisions must likewise be interpreted based upon their
ordinary plain meaning in order to give effect to them effect.](https://image.slidesharecdn.com/gurumurthykalyanaramoninterpretationofcollectivebargainingagreementcba-140225043316-phpapp02/85/Gurumurthy-Kalyanaram-on-Interpretation-of-Collective-Bargaining-Agreement-CBA-1-320.jpg)
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1 (Slip Opinion) OCTOBER T.docx
1 (Slip Opinion) OCTOBER TERM, 2017
Syllabus
NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
being done in connection with this case, at the time the opinion is issued.
The syllabus constitutes no part of the opinion of the Court but has been
prepared by the Reporter of Decisions for the convenience of the reader.
See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337.
SUPREME COURT OF THE UNITED STATES
Syllabus
EPIC SYSTEMS CORP. v. LEWIS
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR
THE SEVENTH CIRCUIT
No. 16–285. Argued October 2, 2017—Decided May 21, 2018*
In each of these cases, an employer and employee entered into a con-
tract providing for individualized arbitration proceedings to resolve
employment disputes between the parties. Each employee nonethe-
less sought to litigate Fair Labor Standards Act and related state law
claims through class or collective actions in federal court. Although
the Federal Arbitration Act generally requires courts to enforce arbi-
tration agreements as written, the employees argued that its “saving
clause” removes this obligation if an arbitration agreement violates
some other federal law and that, by requiring individualized proceed-
ings, the agreements here violated the National Labor Relations Act.
The employers countered that the Arbitration Act protects agree-
ments requiring arbitration from judicial interference and that nei-
ther the saving clause nor the NLRA demands a different conclusion.
Until recently, courts as well as the National Labor Relations Board’s
general counsel agreed that such arbitration agreements are enforce-
able. In 2012, however, the Board ruled that the NLRA effectively
nullifies the Arbitration Act in cases like these, and since then other
courts have either agreed with or deferred to the Board’s position.
Held: Congress has instructed in the Arbitration Act that arbitration
agreements providing for individualized proceedings must be en-
forced, and neither the Arbitration Act’s saving clause nor the NLRA
suggests otherwise. Pp. 5–25.
——————
* Together with No. 16–300, Ernst & Young LLP et al. v. Morris et al.,
on certiorari to the United States Court of Appeals for the Ninth Cir-
cuit, and No. 16–307, National Labor Relations Board v. Murphy Oil
USA, Inc., et al., on certiorari to the United States Court of Appeals for
the Fifth Circuit.
2 EPIC SYSTEMS CORP. v. LEWIS
Syllabus
(a) The Arbitration Act requires courts to enforce agreements to
arbitrate, including the terms of arbitration the parties select. See 9
U. S. C. §§2, 3, 4. These emphatic directions would seem to resolve
any argument here. The Act’s saving clause—which allows courts to
refuse to enforce arbitration agreements “upon such grounds as exist
at law or in equity for the revocation of any contract,” §2—recognizes
only “ ‘generally applicable contract defenses, such as fraud, duress,
or uncons.
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Syllabus
NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
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The syllabus constitutes no part of the opinion of the Court but has been
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SUPREME COURT OF THE UNITED STATES
Syllabus
EPIC SYSTEMS CORP. v. LEWIS
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR
THE SEVENTH CIRCUIT
No. 16–285. Argued October 2, 2017—Decided May 21, 2018*
In each of these cases, an employer and employee entered into a con-
tract providing for individualized arbitration proceedings to resolve
employment disputes between the parties. Each employee nonethe-
less sought to litigate Fair Labor Standards Act and related state law
claims through class or collective actions in federal court. Although
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tration agreements as written, the employees argued that its “saving
clause” removes this obligation if an arbitration agreement violates
some other federal law and that, by requiring individualized proceed-
ings, the agreements here violated the National Labor Relations Act.
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general counsel agreed that such arbitration agreements are enforce-
able. In 2012, however, the Board ruled that the NLRA effectively
nullifies the Arbitration Act in cases like these, and since then other
courts have either agreed with or deferred to the Board’s position.
Held: Congress has instructed in the Arbitration Act that arbitration
agreements providing for individualized proceedings must be en-
forced, and neither the Arbitration Act’s saving clause nor the NLRA
suggests otherwise. Pp. 5–25.
——————
* Together with No. 16–300, Ernst & Young LLP et al. v. Morris et al.,
on certiorari to the United States Court of Appeals for the Ninth Cir-
cuit, and No. 16–307, National Labor Relations Board v. Murphy Oil
USA, Inc., et al., on certiorari to the United States Court of Appeals for
the Fifth Circuit.
2 EPIC SYSTEMS CORP. v. LEWIS
Syllabus
(a) The Arbitration Act requires courts to enforce agreements to
arbitrate, including the terms of arbitration the parties select. See 9
U. S. C. §§2, 3, 4. These emphatic directions would seem to resolve
any argument here. The Act’s saving clause—which allows courts to
refuse to enforce arbitration agreements “upon such grounds as exist
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Number of arbitrators. The parties involved in an arbitration proceeding usually outline in the contract whether one, a panel comprised of three, or more arbitrators would rule or make decisions on their dispute (Smit & Thacher, 2013). As a general procedure or rule, the more significant and complicated an issue is, the higher the number of arbitrators would be involved.
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General procedures or rules governing a typical arbitration proceeding
A contract encompassing an agreement for arbitration of disputes usually outlines some of the fundamental aspects relating to any possible future arbitration. The procedures and rules that would be utilized in a given arbitration are usually part of the agreement (Smit & Thacher, 2013). In case an outside or third party service would be utilized for handling an arbitration, the contract may provide specifications of whether the service’s already-established procedures and rules would be utilized (Smit & Thacher, 2013). As a result of the different kinds of arbitration services, and the flexibility that is usually provided to participants to draw up their preferred rules, there is no single set of procedures and rules applicable to all arbitrations (Smit & Thacher, 2013). Nevertheless, regardless of the rules or procedures used, below are some of the fundamental issues or general procedures and rules governing a typical arbitration proceeding:
Number of arbitrators. The parties involved in an arbitration proceeding usually outline in the contract whether one, a panel comprised of three, or more arbitrators would rule or make decisions on their dispute (Smit & Thacher, 2013). As a general procedure or rule, the more significant and complicated an issue is, the higher the number of arbitrators would be involved.
The number of arbitrators to be selected. Parties can make the decision to appoint arbitrators in various ways, including through the process of elimination, selection from a list of different arbitrators or through an agreement (Smit & Thacher, 2013).
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Evidence. Rules and procedures of evidence can be complicated in ordinary litigation processes. They are usually more relaxed in arbitration proceedings thus allowing more evidence to be put into consideration, even though there can be inadequate time for presenting and discovering the evidence (Smit & Thacher, 2013).
Awards. Rules and procedures often dictate the form that can be presumed by an award, as well as any possible deadlines for decision-making (Smit & Thacher, 2013).
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UT Dallas - Gurumurthy Kalyanaram Professor, Director - The University of Tex...
UT Dallas - Gurumurthy Kalyanaram Professor, Director - The University of Tex...Gurumurthy Kalyanaram
Dr Gurumurthy Kalyanaram was a tenured professor at The University of Texas UT Dallas. He served at UT Dallas from 1988 to 2001. He received his B.E. degree in engineering in 1978 from the University of Madras, India, and his M.B.A. in 1983 from the University of Texas, UT Dallas.More Related Content
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FROM: Danielle Balson
DATE: 25th July, 2017
SUBJECT: The Big Brain
Solution
General procedures or rules governing a typical arbitration proceeding
A contract encompassing an agreement for arbitration of disputes usually outlines some of the fundamental aspects relating to any possible future arbitration. The procedures and rules that would be utilized in a given arbitration are usually part of the agreement (Smit & Thacher, 2013). In case an outside or third party service would be utilized for handling arbitration, the contract may provide specifications of whether the service’s already-established procedures and rules would be utilized (Smit & Thacher, 2013). As a result of the different kinds of arbitration services, and the flexibility that is usually provided to participants to draw up their preferred rules, there is no single set of procedures and rules applicable to all arbitrations (Smit & Thacher, 2013). Nevertheless, regardless of the rules or procedures used, below are some of the fundamental issues or general procedures and rules governing a typical arbitration proceeding:
Number of arbitrators. The parties involved in an arbitration proceeding usually outline in the contract whether one, a panel comprised of three, or more arbitrators would rule or make decisions on their dispute (Smit & Thacher, 2013). As a general procedure or rule, the more significant and complicated an issue is, the higher the number of arbitrators would be involved.
The number of arbitrators to be selected. Parties can make the decision to appoint arbitrators in various ways, including through the process of elimination, selection from a list of different arbitrators or through an agreement (Smit & Thacher, 2013).
Timeliness for arbitration. Rules and procedures can establish timelines for making resolutions in a dispute, including when notices are issued, and how long the arbitration hearings last (Smit & Thacher, 2013).
Evidence. Rules and procedures of evidence can be complicated in ordinary litigation processes. They are usually more relaxed in arbitration proceedings thus allowing more evidence to be put into consideration, even though there can be inadequate time for presenting and discovering the evidence (Smit & Thacher, 2013).
Awards. Rules and procedures often dictate the form that can be presumed by an award, as well as any possible deadlines for decision-making (Smit & Thacher, 2013).
Records and confidentiality. Rules and procedures may allow parties to receive and keep records of the arbitration proceedings and to ensure such records are kept confidential.
Use of arbitration as opposed to a lawsuit in settling employment-related dispute
An employer may for an employee to use arbitration as opposed to a lawsuit in settling employment-related dispute (Mathis, Jackson, Valentine, & Meglich, 2016). Many employers usually ask their workers to sign arbitration agreements, which ensures the employees give up their legal ri ...
ABTRTN AGRMT ABRTN ACT 2005.pdf
This document summarizes key aspects of Malaysia's Arbitration Act 2005.
It begins by explaining that the Act is based on the UNCITRAL Model Law and influenced by New Zealand's arbitration law. The purposes of the Act are to promote consistency with international standards, encourage arbitration as dispute resolution, and clarify the scope of judicial review of arbitral awards.
It then discusses the definition of an arbitration agreement under the Act and key principles like separability and arbitrability. Interim measures available from courts and arbitral tribunals are also summarized. The document provides examples of how the Act addresses issues like the form of arbitration agreements and a court's role when a dispute is also the subject of an
white paper - proposed fla arbitration code
This document provides an analysis of proposed revisions to Florida's arbitration code based on the Revised Uniform Arbitration Act (RUAA). It summarizes key changes including expanding arbitrator authority, addressing consolidation and disclosure, allowing limited discovery, clarifying availability of punitive damages, and establishing standards for notice. It also discusses recent relevant court cases and provides a section-by-section analysis of the proposed revisions.
39 40
This document discusses standard form contracts (SFCs), which are contracts where one party dictates the terms and the other party must accept them or not enter into the contract. SFCs are common in consumer transactions like insurance, online purchases, car purchases, and phone services. While SFCs are not illegal in India, courts can intervene if terms are seen as unjust. The document outlines criticisms of SFCs like unequal bargaining power, potential for unfair terms, terms not being read by consumers, and lack of alternatives in monopolies. It discusses some Indian court cases that have intervened on unfair SFC terms and concludes that while SFCs are important for business, principles of equity and natural justice still apply.
The interphase between the english national arbitation laws
This document discusses procedural issues relating to arbitration under the English National Arbitration Laws, the New York Convention, and the Rules of the London Court of International Arbitration.
It addresses pre-arbitration, during arbitration, and post-arbitration procedures. Pre-arbitration issues include establishing a dispute under the contract, identifying the dispute resolution forum, required negotiations, and initiating arbitration. During arbitration, key procedural matters are appointing arbitrators, conducting hearings, maintaining confidentiality, and applying for interim orders. Post-arbitration, the document discusses challenging awards and enforcement.
Government Contracts Blog April 2011
The document summarizes the history and principles of the government's right to terminate contracts for convenience. It discusses how the termination for convenience clause gives the government broad power to unilaterally cancel contracts without cause. It is very difficult for contractors to overturn a termination for convenience, requiring clear and convincing evidence of bad faith. The government can terminate a contract for convenience even if it had prior knowledge that it may want to do so in the future. However, the government cannot terminate a contract simply to get a better price for the work.
When Is a Contract Over By Charles Stephen TreatTwo r.docx
When Is a Contract Over?
By Charles Stephen Treat
Two recent decisions from the California courts have addressed whether, when, and how California law will identify and honor provisions in a contract concerning how long the contract will last and when it may be terminated. The two decisions do not cite each other and do not overlap very noticeably in their analyses. Nevertheless, if you have a case presenting contract-duration issues, it is important to read both cases and to recognize that the second decision establishes two major exceptions to the broad rule upheld in the first decision.
The first case is the First District Court of Appeal's decision in Zee Medical Distributor Ass'n, Inc. v Zee Medical,Inc. (2000) 80 CA4th 1. This case, following a lengthy line of precedents, held that the California courts must strive to identify the parties' intentions concerning duration, either by express agreement or by implication. If such an intention is identified, it will be honored, even if it measures duration by contingent events. It thus rejects an argument that courts should be hostile to or skeptical of so-called perpetual contracts.
A few weeks after the court of appeal decided Zee, the California Supreme Court handed down its decision in Asmus v Pacific Bell (2000) 23 C4th 1. Asmus has gotten attention principally as an employment-law decision. Its content, however, is almost pure contract law, applicable to ordinary commercial contracts. And although the case makes only brief mention of the principles developed in Zee and its precedents, Asmus is nevertheless a central case for analysis of contract-duration issues. Its holdings establish two key limitations on the Zee methodology: a "void for vagueness" principle for durational agreements, and a virtual negation of such clauses when they appear in unilateral contracts.
The Zee Case
At issue in Zee (in which I represented one of the parties) was the duration of the distribution contracts that Zee Medical Inc. had with its distributors. The legal principles at issue, however, were not specific to distribution contracts but were a matter of general contract law. After collecting and summarizing the legal principles inherent in prior California case law, including the seminal decision in Consolidated Theatres, Inc. v Theatrical Stage Employees Union (1968) 69 C2d 713, the Zee court distilled its holdings into a useful three-step methodology for analyzing contract-duration issues. (1) The court first seeks an express term. (2) If one is absent, the court determines whether one can be implied from the nature and circumstances of the contract. Courts will imply an ascertainable term of duration when reasonably possible. (3) If neither an express nor an implied term can be found, the court will generally construe the contract as terminable at will after a reasonable time of duration has elapsed. 80 CA4th at 10. Step three is really more a matter of a court-made gap-filler rule, to be resorted.
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International arbitration provides several key advantages over cross-border litigation for resolving international commercial disputes. The most significant is that arbitral conventions like the New York Convention make it much easier to enforce arbitration awards across borders. Over 150 countries have signed on to the New York Convention. International arbitration also allows parties more control over procedure and greater input in selecting subject matter experts as arbitrators. While arbitration may involve certain disadvantages like limited discovery and appellate rights, it typically provides swifter, more flexible, and more confidential proceedings compared to litigation.
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This document summarizes and critiques a study by the Consumer Financial Protection Bureau (CFPB) on arbitration agreements. It discusses the CFPB's finding that a temporary moratorium on arbitration clauses for some credit card issuers did not significantly affect pricing compared to issuers without the moratorium. The response critiques this finding on three grounds: (1) the study may not have examined impacts on non-price contract terms, (2) it can take time for businesses' cost changes to be reflected in prices, and (3) price changes may not occur at all for temporary cost changes.
Casus omissus, interpretation of statutes
The document discusses the legal concept of "casus omissus" which refers to a situation not provided for in the language of a statute. It notes that courts cannot supply omissions or legislate, they can only interpret the law. It provides examples from case law where courts have both refused to supply omissions due to clear legislative intent, and in other cases have supplied omitted words to avoid making a statute null. The document outlines principles from cases related to supplying omissions and harmonious construction of statutes.
UCC_vs_CISG
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TO The Vice PresidentFROM Danielle BalsonDATE 24 Oct 2017.docx
TO: The Vice President
FROM: Danielle Balson
DATE: 24 Oct 2017
SUBJECT: Arbitration
General procedures or rules governing a typical arbitration proceeding
A contract encompassing an agreement for arbitration of disputes usually outlines some of the fundamental aspects relating to any possible future arbitration. The procedures and rules that would be utilized in a given arbitration are usually part of the agreement (Smit & Thacher, 2013). In case an outside or third party service would be utilized for handling an arbitration, the contract may provide specifications of whether the service’s already-established procedures and rules would be utilized (Smit & Thacher, 2013). As a result of the different kinds of arbitration services, and the flexibility that is usually provided to participants to draw up their preferred rules, there is no single set of procedures and rules applicable to all arbitrations (Smit & Thacher, 2013). Nevertheless, regardless of the rules or procedures used, below are some of the fundamental issues or general procedures and rules governing a typical arbitration proceeding:
Number of arbitrators. The parties involved in an arbitration proceeding usually outline in the contract whether one, a panel comprised of three, or more arbitrators would rule or make decisions on their dispute (Smit & Thacher, 2013). As a general procedure or rule, the more significant and complicated an issue is, the higher the number of arbitrators would be involved.
The number of arbitrators to be selected. Parties can make the decision to appoint arbitrators in various ways, including through the process of elimination, selection from a list of different arbitrators or through an agreement (Smit & Thacher, 2013).
Timeliness for arbitration. Rules and procedures can establish timelines for making resolutions in a dispute, including when notices are issued, and how long the arbitration hearings last (Smit & Thacher, 2013).
Evidence. Rules and procedures of evidence can be complicated in ordinary litigation processes. They are usually more relaxed in arbitration proceedings thus allowing more evidence to be put into consideration, even though there can be inadequate time for presenting and discovering the evidence (Smit & Thacher, 2013).
Awards. Rules and procedures often dictate the form that can be presumed by an award, as well as any possible deadlines for decision-making (Smit & Thacher, 2013).
Records and confidentiality. Rules and procedures may allow parties to receive and keep records of the arbitration proceedings and to ensure such records are kept confidential.
Use of arbitration as opposed to a lawsuit in settling employment-related dispute
An employer may for an employee to use arbitration as opposed to a lawsuit in settling employment-related dispute (Mathis, Jackson, Valentine, & Meglich, 2016). Many employers usually ask their workers to sign arbitration agreements, which ensures the employees give up their legal right to sue t ...
A Bird in the Hand Consideration and One-Sided Contract Modifications.pdf
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Legal Research Project - Contract
This document discusses how courts' approaches to construing exemption clauses have changed since the implementation of the Unfair Contract Terms Act 1977 (UCTA). Prior to UCTA, courts used rules of construction and interpretation to limit the scope of exemption clauses and protect weaker parties. UCTA codified elements of common law and made it easier for courts to construe clauses by subjecting them to a test of reasonableness. While UCTA and other legislation addressed some issues, weaknesses remain regarding transparency and the broad application of common law rules. The implementation of UCTA significantly changed how judges construe exemption clauses by providing a statutory framework and restricting strained interpretations.
Mark Anchor Albert National Survey Of Elements Of Contract Formation
This document provides case citations and summaries of governing law regarding actions for breach of the implied covenant of good faith and fair dealing in first-party insurance contracts across U.S. states and D.C. It establishes that every state recognizes an implied covenant of good faith and fair dealing in contracts, including insurance contracts. This implied covenant means that parties with discretionary powers, like insurers, must exercise those powers reasonably and in good faith, considering the interests of the other party, rather than arbitrarily to deprive them of the benefits of the contract. States allow first-party bad faith actions against insurers who fail to deal fairly and in good faith by denying coverage without proper cause.
Standard Form Contract
Lectures by Dr. Tabrez Ahmad
Diffrent theories are analysed to find out the validity of Standard form contract as per the Indian Law
Similar to Gurumurthy Kalyanaram on Interpretation of Collective Bargaining Agreement (CBA) (20)
BoyarMiller – Review of Boilerplate Contract Provisions
BoyarMiller – Review of Boilerplate Contract Provisions
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Fundamentals of Labor Arbitration - Glossary of Terms
Fundamentals of Labor Arbitration - Glossary of Terms
TO The Vice PresidentFROM Danielle BalsonDATE 25th July, 20.docx
TO The Vice PresidentFROM Danielle BalsonDATE 25th July, 20.docx
The interphase between the english national arbitation laws
The interphase between the english national arbitation laws
When Is a Contract Over By Charles Stephen TreatTwo r.docx
When Is a Contract Over By Charles Stephen TreatTwo r.docx
The Benefits of Arbitrating International Commercial Disputes
The Benefits of Arbitrating International Commercial Disputes
Consumer arbitration for loyola consumer law symposium
Consumer arbitration for loyola consumer law symposium
TO The Vice PresidentFROM Danielle BalsonDATE 24 Oct 2017.docx
TO The Vice PresidentFROM Danielle BalsonDATE 24 Oct 2017.docx
A Bird in the Hand Consideration and One-Sided Contract Modifications.pdf
A Bird in the Hand Consideration and One-Sided Contract Modifications.pdf
Mark Anchor Albert National Survey Of Elements Of Contract Formation
Mark Anchor Albert National Survey Of Elements Of Contract Formation
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- 1. Gurumurthy Kalyanaram on Interpretation of Collective Bargaining Agreement (CBA) http://gurumurthykalyanaram.blog.com/ There are many lawsuits arising out of disputes in interpretation of the collectively bargained agreements. Unions and employers work hard to craft CBAs, but lawsuits emerge even in cases of carefully designed CBAs. In this essay, Gurumurthy Kalyanaram reports on this important matter. U.S. Supreme Court and Second Circuit have established precedents which mandate that (i) the provisions of a Collective Bargaining Agreement must be read as a whole in conjunction with other provisions; and (ii) the provisions of a Collective Bargaining Agreement must be interpreted in a manner that does not render any provision superfluous, meaningless, or of no effect. Supreme Court Decisions In Mastro Plastics Corp. v. NLRB, 350 U.S. 270, 279 (1956), the Supreme Court held that collective bargaining agreements should generally be interpreted according to established contract interpretation principles, including the principles that, “Like other contracts, [a collective bargaining agreement] must be read as a whole.” Applying a similar principle, in Sandifer v. United States Steel Corp., Case No. 12-417, at 6, 10-11 (Jan. 27, 2014), the Court recently reiterated that the language of labor statute provisions must likewise be interpreted based upon their ordinary plain meaning in order to give effect to them effect.
- 2. Second Circuit Decisions The Second Circuit has likewise reiterated that Collective Bargaining Agreements must read as a whole and in a manner that does not render any provision of no effect. United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union v. Cookson America, Inc., 710 F.3d 470, 473 (2d Cir. 2013) (Walker, Katzman, Preska) (“courts should attempt to read CBAs in such a way that no language is rendered superfluous”); Marcic v. Reinauer Transportation Companies, 397 F.3d 120, 131 (2d Cir. 2005) (collective bargaining agreement provisions must be interpreted as a whole, in context and not in isolation, and in a manner that that avoids rendering any language superfluous); Aeronautical Industrial District Lodge 91 of the International Association of Machinists and Aerospace Workers v. United Technologies Corp., 230 F.3d 569, 576 (2000) (“traditional rules of contract interpretation apply as long as they are consistent with federal labor policies”); Interstate Brands Corp. v. Bakery Drivers & Bakery Goods Vending Machines, Local Union No. 550, 167 F.3d 764, 768 (2d Cir. 1999) (interpretation that gives a reasonable and effective meaning to all the terms of a contract is generally preferred to one that leaves a part unreasonable or of no effect); United States v. International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America v. Boffa, 970 F.2d 1132, 1136 (2d Cir. 1992) (“We must avoid an interpretation of an agreement that renders one of its provisions superfluous”). See generally 20 Williston on Contracts § 55:20 (4th ed.) (outlining applicable rules of interpretation for collective bargaining agreements). Applying these principles, the Court in Prescott v. Northlake Christian School, 369 F.3d 491,
- 3. 497 (5th Cir. 2004), held that, where the agreement contained a provision which stated that “no party waives appeal rights, if any, by signing this arbitration agreement”, the court could not ignore such language as mere surplusage. And in Gateway Technologies, Inc. v. MCI Telecommunications Corp., 64 F.3d 993, 995, 997 (5th Cir. 1995), the court held that, where a Collective Bargaining Agreement provided that errors of law “shall be subject to appeal”, the court cannot ignore this language nor interpret it in a manner that renders it meaningless. Accordingly, we have 50 years of precedent to assess the viability of the lawsuits and claims born out of disputes in CBA interpretation.