United Electrical, Radio and MacHine Workers of America, Local 1139 v. Litton Microwave Cooking Products, Litton Systems, Inc.

I agree that there was no abuse of discretion in denying the Union’s motion for attorneys’ fees. As to Part I of the Court’s opinion, however, I respectfully dissent.

On November 24,1980, Litton notified its employees that there would be an inventory shutdown during one week in March and that all employees who did not work then would have to take that week as paid vacation. Litton had, in the past, closed during the summer months and had not forced employees to take paid vacation during the inventory shutdown. That same day the union filed a grievance claiming that Litton was acting in…