Ottawa County v. Jaklinski

Introduction

The narrow issue in this case is whether the right to grievance arbitration of an unjust discharge claim survives the expiration of the collective bargaining agreement by which it is created.

The resolution of this question requires us to consider fundamental principles of contract and labor law. Foremost among these is that the right to arbitration is necessarily a creation of the par*7ties’ intent as expressed in their collective bargaining agreement. A corollary is the right by the parties in their collective bargaining agreement to terminate the right to arbitration.

This question…