I don't want to get into particulars right now on here, but I was wondering if anyone knows how to get the Union to rescind an MOU.....in my supplement we have an MOU that has been in there for over 15 years....there have been 4 contracts ratified since this MOU was agreed to....I submitted proposals to change the wording of it but during negotiations (I was told) the company didn't want to negotiate it....so I say rescind it and make them negotiate a new MOU....
ABF | Rescind an MOU question
- Thread starter ABF381
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Stew ?
You don't know ?
You don't know ?
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Just MHO, but I think all MOU's should end when the contract where they were added ends!!!
Steward of the Rock
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Sorry Smoke and 381. I have never dealt with getting an MOU rescinded.
In our current contract, an MOU was changed on our Profit Sharing Bonus.
Instead of improving it like I and many others proposed in writing, it was changed to be harder to achieve to reach it. That Profit Sharing Bonus MOU was one of the few things that the company has that was based on an incentive for performance as a whole (Operating Ratio). IMO, that was a mistake to make it worse instead of better by showing the company was not interested in sharing the profits on the lucrative years.
Don‘t get me wrong! I think this contract is hands down the best one we have ever had. But I felt like ABF dropped the ball by changing anything for the worse that was incentive based on performance.
I would love to have that MOU rescinded and either returned to the original formula, or improved upon as was proposed by myself and others.
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We'll still let ya hang around Stew 
Steward of the Rock
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Believe me when I say that I am currently working on an angle to hopefully get 381’s case heard as this Letter of Understanding he speaks of is over 15 years old (dated December of 2007).We'll still let ya hang around Stew
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Guess you would have to determine if it meets the requirements of a legally binding contract. Sounds like it's easy if it doesn't.
An MOU may be binding if it is clear that the parties have come to a complete agreement but haven’t yet signed a formal contract. An MOU won’t form a complete agreement if there are important aspects of the agreement that still need to be finalised. Additionally, an MOU will not form a complete agreement unless it satisfies all the fundamental legal requirements of a contract.
If it’s not legally binding, either party can terminate a memorandum of understanding by notifying the other party. Generally, in this scenario, neither party will be subject to any legal liabilities or obligations. However, if an MOU is legally binding, there may be things that need to be satisfied to end the agreement. In this case the parties may be subject to legal liabilities and obligations under the agreement. These liabilities and obligations may continue even after the MOU has been terminated.
Where an MOU is not legally binding, either party may terminate the agreement at will without incurring any legal liabilities or obligations.
An MOU may be binding if it is clear that the parties have come to a complete agreement but haven’t yet signed a formal contract. An MOU won’t form a complete agreement if there are important aspects of the agreement that still need to be finalised. Additionally, an MOU will not form a complete agreement unless it satisfies all the fundamental legal requirements of a contract.
If it’s not legally binding, either party can terminate a memorandum of understanding by notifying the other party. Generally, in this scenario, neither party will be subject to any legal liabilities or obligations. However, if an MOU is legally binding, there may be things that need to be satisfied to end the agreement. In this case the parties may be subject to legal liabilities and obligations under the agreement. These liabilities and obligations may continue even after the MOU has been terminated.
Where an MOU is not legally binding, either party may terminate the agreement at will without incurring any legal liabilities or obligations.
How to Terminate a Memorandum of Understanding - Lawpath
Here we explain how you can terminate a memorandum of understanding, whether they're legally binding, and what this means for those who sign it.
lawpath.com.au
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thanks guys !