Section 11-735

Citation: Section 11-735
Parent Document: Mendes v. Johnson, 389 A.2d 781 (1978)
Jurisdiction: DC (municipal)
Effective Date: 1978-06-13
Original Source: https://www.courtlistener.com/opinion/2073911/mendes-v-johnson/ ↗

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However, despite the parties’ reliance on a prior rule, the court may nevertheless give retroactive effect to a new rule. For instance, the court in Leedom v. International Brotherhood of Electrical Workers, 107 U.S.App.D.C. 357, 278 F.2d 237 (1960), was confronted with the issue of the validity of the National Labor Relations Board’s retroactive application of a new rule shortening the time bar to new union elections. In deciding the question, the court balanced an amalgam of factors, including (a) the reliance by the parties upon the former contract bar rule in entering into the contract; (b) the desire to preserve stability and predictability in the law; (c) the importance of the purpose to be served by the new contract bar term relative to that of protecting vested property interests; (d) the necessity of avoiding gross injustice to the parties; and (e) the existence of the notice provided to the parties of the possibility of such rule changes by past administrative actions in this regard. The court held that the accomplishment of the objectives of the new rule — the maintenance of the necessary balance between the National Labor Relations Act’s goals of industrial stability and employee freedom of choice in union representation elections — compelled its retroactive operation.

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