The Printers International Union reached agreement for a new three-year contract

Question

The Printers International Union reached agreement for a new three-year contract with a large regional printing company. As was their practice, the union negotiators then met with the Sullivan Brothers Printers, Inc., a small specialty shop employing 10 union printers, and Sullivan Brothers and the union agreed to follow the contractual pattern set by the union and the large printing company. That is, Sullivan Brothers agreed to give its workers all of the benefits negotiated for the employees of the large printing company. When the contract was typed, a new benefit of 75 percent employer-paid coverage for a dental plan was inadvertently omitted from the final contract the parties signed. The mistake was not discovered until six months after the contract took effect. Sullivan Brothers Inc., is reluctant to assume the additional expense. It contends that the printed copy, which does not cover dental benefits must control. The union believes that clear and convincing evidence shows an inadvertent typing error. Decide. BUSINESS LAW AND THE LEGAL ENVIRONMENT (ANDERSON'S COMPREHENSIVE VOLUME)

Explanation / Answer

As the Sullivan Brothers and union agreed to follow the contractual pattern set by the unions and large printing companies , the clause of Dental plan can be easily established by the Union by referring to the statndars agreements.

So Clear and convincing evidence exists in favor of the Union and the Union can provide clear , convincing and satifactory evidence that such Dental plan provision exists in Standard agreements and the ommission was an inadvertent typing error.

As the proofs that can be submitted by UInion will be construed as more probable to be true than not,  clear and convincing evidence concept will in all probability win in the trial.

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