Question

NOTE: THIS IS FOR MY LEGAL ENVIRONMENT CLASS

11. In June, Daniels contracted with Lefkowitz to build a stone path leading from the road to his vacation home. Daniels asked him to complete the job within 11 (eleven) months. Explain whether Lefkowitz and Daniels must enter in a written agreement for such a contract to be enforceable.

12. The hotel workers union of Metropolis strikes in spite of a no-strike clause, causing several conventions to be canceled. Restaurant owners in Metropolis want to sue the hotel workers union for their loss of business caused by the canceled conventions. Will the restaurant owners win their suit?

Answer 1

11. Daniels has asked Lefkowitz to complete the job in 11 months. However to get the job done in exact 11 months, it is necessary for Daniels to obligate Lefkowitz contractually otherwise he may or may not complete the work by the given time period citing various issues. Therefore, both of them should enter in a written agreement for such contract to be enforceable as oral agreement has no evidence unless recorded.

12. Legal definition of no strike clause- "A no-strike clause is a provision in a collective bargaining contract in which the union promises that during the life of the contract the employees will not engage in strikes, slowdowns, or other job actions. A union often agrees to such a clause in exchange for a grievance arbitration provision".

"Grievance arbitration is a system created for collective bargainingrelationships that provides the parties with a procedure for final and binding resolution of their disputes that arise over the interpretation, administration, application or alleged violation of the terms and conditions of employment contained in the collective agreement during its term."

It needs to be seen why the workers went on strike inspite of agreeing to a no strike clause. The restaurent owners will win the suit only if it is proved that the workers went on strike without a proper discussion raising unfair demands. However if it is proved otherwise that the workers went on strike because their greivances went unaddressed or not properly addressed then the restaurent owners will be liable to pay compensation.