485 U. S. 175
March 2, 1988
The collective bargaining agreement between Trans World Airlines and a union of flight attendants ended. There was a dispute as to whether certain provisions of the agreement remained in effect even though the agreement itself had lapsed. The Court of Appeals agreed with the union that the provisions at issue were still in effect. With Kennedy still not participating, the Supreme Court divided four to four, thus affirming the lower Court by a tie vote. Off all the tie votes so far this term, this one is easily the most frustrating. Kennedy was finally on the Court! Would have really been so frickin’ impossible to have re-argument, and get a clear ruling? Apparently so.