2nd Circuit Denies IBEW, TWC Appeals in Strike Litigation
A lower court judge was right in awarding damages to Time Warner Cable for the International Brotherhood of Electrical Workers, AFL-CIO, Local Union No. 3's violation of a no-strike provision and in vacating the part of an arbitral award prohibiting…
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future strikes, the 2nd U.S. Circuit Court of Appeals said in a mandate (in Pacer) Tuesday. Judges Reena Raggi, Denny Chin and Susan Carney in their summary order said Local 3 waived its right to strike when it lodged no challenge to its 2013 collective bargaining agreement until months after an arbitrator issued an adverse interim award. It rejected union arguments the contract can't preclude an orderly protest to unfair labor practices since the Local 3 was "not in fact orderly" when it blocked vehicular access to a TWC facility. In denying TWC's cross-appeal, the judges said the U.S. District Court decision wasn't wrong regarding future strikes, since the questions presented to an arbitrator didn't address future strikes. Charter Communications owns TWC.