Luden's Inc. v. Local Union No. 6 of the Bakery, Confectionery & Tobacco Workers' International Union

I would affirm the decision of the district court. For essentially the reasons explained by that court (see Luden’s Inc. v. Local Union No. 6, 805 F.Supp. 313, 323-27 (E.D.Pa.1992)), I would hold that the union’s grievance concerning the retroactivity of the proposed wage increase was not subject to the arbitration provision of the terminated 1988 collective bargaining agreement.

I would not reach the theory on which the court’s decision is based, i.e., that the parties, upon the termination of the 1988 agreement, entered into an implied-in-fact agreement containing an arbitration requirement…