Zipper Clause

[JennK2009]

What is the name of your state (only U.S. law)? IL

What is a zipper clause (in a CBA)? Is it written or understood? Thanks.What is the name of your state (only U.S. law)?

 

[BOR]

Never heard of it?

This case that came up, not IL though, but for some FYI, talks of it.

It is lenghty, when it comes up, hit "control + F" together on the keyboard, the find box will come up, key in zipper for a quick find.

Nos.?06-35073, 06-35130. - VIRGINIA MASON HOSPITAL v. WASHINGTON STATE NURSES ASSOCIATION - US 9th Circuit

 

[JennK2009]

Thanks for the link. I couldn't get it to work, but I did cruise the site a little bit - you can never have too many places to look. I did find this in Dictionary.com: a clause in a labor contract indicating that the agreement is an exclusive and complete expression of consent
NOTE: A zipper clause may constitute a waiver of the right to bargain over issues negotiated in or outside the terms of a contract until its expiration.

I was not sure if zipper clauses were implied under management rights or if it had to be spelled out. After digging a bit, it seems it may be a little bit of both.

 

[BOR]

This site does not permit live links, I know it is hard to copy between the lines, but leave out the URL brackets if you can, OR, just key in Zipper clause in a search engine.

Try this, I edited the 1st link.

http://caselaw.findlaw.com/us-9th-circuit/1459666.html

Good luck.

 

[Zigner]

This site does not permit live links, I know it is hard to copy between the lines, but leave out the URL brackets if you can, OR, just key in Zipper clause in a search engine.

Try this, I edited the 1st link.

http://caselaw.findlaw.com/us-9th-circuit/1459666.html

Good luck.

BOR - just scroll down and un-check the "Automatically Parse Links" box below your reply box...that'll do away with the url tags.

 

[justalayman]

here is a very concise definition of the term:

zipper clause definition

Provision included in collective bargaining agreements to emphasize that the written document contains the complete agreement negotiated by the parties to it, and that nothing that is excluded is agreed to unless it is put into writing, is signed by all parties, and is attached to the main agreement.

Never heard of the term before either although I believe it has been in any CBA I can remember being a party to.

 

[JennK2009]

Okay, I did get to the site from BOR. Thanks.

It's starting to make more sense in relation to what I'm working on. It's not like there is an actual "Zipper Clause" in the back of the agreement, but it is contained/implied/intrepreted/and whatever else real lawyers do in the Management Rights section. (It's just more smoke and mirrors from those big bad companies...)

Thanks again for the help.

 

[HomeGuru]

Okay, I did get to the site from BOR. Thanks.

It's starting to make more sense in relation to what I'm working on. It's not like there is an actual "Zipper Clause" in the back of the agreement, but it is contained/implied/intrepreted/and whatever else real lawyers do in the Management Rights section. (It's just more smoke and mirrors from those big bad companies...)

Thanks again for the help.

**A: lawyas are good at smoke and mirrors.

 

[justalayman]

Okay, I did get to the site from BOR. Thanks.

It's starting to make more sense in relation to what I'm working on. It's not like there is an actual "Zipper Clause" in the back of the agreement, but it is contained/implied/intrepreted/and whatever else real lawyers do in the Management Rights section. (It's just more smoke and mirrors from those big bad companies...)

Thanks again for the help.

actually, both from the exceprt I quoted and from experience, it is a clause actually included in the contract. Without it being written into the contract, there could be claims of verbal side agreements and such. By inserting it actually into the contract, it eliminates such situations.

and if you think about it, unless it was written into the contract, wouldn't the agreement itself disallow such an agreement? It would make itself invalid and lacking any power to be enforced.

 

[JennK2009]

actually, both from the exceprt I quoted and from experience, it is a clause actually included in the contract. Without it being written into the contract, there could be claims of verbal side agreements and such. By inserting it actually into the contract, it eliminates such situations.

and if you think about it, unless it was written into the contract, wouldn't the agreement itself disallow such an agreement? It would make itself invalid and lacking any power to be enforced.

We use TA's (Tentative Agreements) until we reach the end of negotiations. If it ain't written down, it didn't happen. Since there are no side letters, that I know of anyway, to management rights, we are arguing over "intent."

Are you sure you are "justalayman" because that second sentance looks very lawyerly. I'm not sure what the heck you are saying. Here's what I do know: Management Rights are in pretty much every contract; it is the extent of those rights that vary greatly.

The zipper clause basically says you can't change anything in the middle of the term of the contract - everything that SHOULD have been discussed, has been. WE have AGREED on everything pertinant - if you had something to say, too bad. But, it doesn't allow for changes in say the environment or production of a product.

We have to prove intent if we want to say, "No, this is a change in say, working conditions - Management does NOT have the right..."

It boils down to the infamous "interpretation", and how long their zipper clause is...

Thanks all for the input -

 

[justalayman]

the definition I posted previously says it quite well.


the clause is included within the actual contract. All it basically says is that if it ain't in this contract, it don't count.

often times there will be side agreements to address situations either on a very specific basis or in an attempt to address some situation that was not addressed within the contract.. Unless those agreements are reduced to writing and inserted into the contract, they are not enforceable due to the zipper clause.

the reference to this:

and if you think about it, unless it was written into the contract, wouldn't the agreement itself disallow such an agreement? It would make itself invalid and lacking any power to be enforced.

my attempt at humor.

simply put, a zipper clause means if it isn't in the contract, it is not enforceable. If a zipper clause was not actually in the contract but only a side agreement, would it not actually make itself void? It says side agreements are not enforceable yet by including it as a side agreement, it makes itself unenforceable. A catch 22.