Check notices before a collective-bargaining contract is terminated or modified
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- From the contract and the correspondence in the file, list any expiration date, the date of any written notice of termination or modification, any offer to meet, any notice to the Federal Mediation and Conciliation Service, and any notice to a state or territorial mediation agency. Do not write a response, and do not say that a tribunal may terminate the contract.
- What the lawyer must review
- You write any response. Section 8(d) of the National Labor Relations Act (29 U.S.C. § 158(d)) says that where a collective-bargaining contract is in effect in an industry affecting commerce, no party shall terminate or modify that contract unless it serves the written notice, offers to meet and confer, gives the mediation notices, and continues the existing terms without a strike or lock-out, for the periods the subsection states. The ordinary periods are sixty days' notice before expiration, or before the proposed time if the contract has no expiration date; notice to the Federal Mediation and Conciliation Service within thirty days after that notice, with simultaneous notice to any state or territorial agency; and continuation of terms for sixty days after the notice or until expiration, whichever is later. For employees of a health care institution the notice, the mediation notice, and the contract period are ninety days, sixty days, and ninety days. The duties in paragraphs (2) to (4) become inapplicable on an intervening certification under which the labor organisation or individual that is a party has been superseded or has ceased to be the representative. Section 9 was not opened. Flag a certification only if the file already contains one. An employee who strikes within a notice period specified in the subsection loses status as an employee of that employer for the purposes of sections 8, 9, and 10, until reemployed. The opened section does not provide an application to a tribunal to terminate an expired agreement.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Calculate operative dates independently from the current rule and actual triggering event. Check exceptions and record the verified deadline.
- Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.