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11-28-2012, 07:21 PM
  #849
LongRoad
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Quote:
Originally Posted by tantalum View Post
Contracts are signed with the understanding that they will be governed by the terms of current and any future CBAs.
If you want a contract governed by future CBAs you include a clause in your contract stating that it is subject to future CBAs. These are complex legal agreements, they aren't governed by 'you should know', they're governed by the terms of the contracts.

Without it you need to find an implied term in contract law. If you want to find an implied term it has to have been obvious that the term was included, at the time the contract was agreed to, to both parties. Given the fact that contracts haven't been written off in the past over CBAs, why would either party think that was an obvious term of current contracts?


Last edited by LongRoad: 11-28-2012 at 07:46 PM.
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