Bobbie Brooks, Inc. v. International Ladies' Garment Workers Union

I respectfully dissent for the reasons that follow. Initially, I disagree with the standard employed by the majority in reviewing the district court’s conclusion that a valid collective bargaining agreement exists between the parties. The majority holds that a district court’s conclusion that a collective bargaining agreement exists, or that any valid contract exists, is a factual determination that will not be set aside unless it is clearly erroneous.

A determination by a court that a contract exists is a two-step determination. First, the court must determine what conduct took place, a…