representative of a group of employees bargain over employment terms things like wages and pensions and the kitchen time and because the representative or union has the power to bind th clear that it must be supported by a majority of those employers and must have an appropriate bargaining unit if it doesn't have that it ceases to be a lawful agency and no collective bargaining can take place case the union here has not represented a single pennzoil employee for a number of years because it hasn't had any employees or doesn't have any construction projects and the unions yours is fiction since about two thousand well actually we do have an appropriate bargaining unit here are these employers of course going to do that and it couldn't do anything like a call for a union election but well there are there is an appropriate bergie unit and that the union is a lawful club to bargain representative and again there are a number of cases out there showing that the representational questions ha to proceed contractual ones that's the stones of collective bargaining are that you have a lawful agents who can represent the employees and if there is an appropriate union if you take anywhere any of a n l r a that is absolutely false what the union wants is the court to deny the appeal and affirm the district courts are confirming arbitration award it has to be and it's clear in each of their graves that penta agreed unequivocally that it was bound to the collective bargaining agreement but in its arguments to this court and to the district section thirty nine dollars and that is you have to follow the procedures in order to give proper notice and then you can confer there is no requirement that they have to too you are willing to negotiate and then if you're an individual contractor which panta clearly is that you are giving notice to the you're in you're in as an independent contractor  and so it's not rocket science in two thousand and five the parties entered into a very a half agreement but in two thousand and nine this is all in the be an ever growing or ongoing number of employees now as i stated in our our braves if that were the case then the contract would have absolutely no meaning it would be you they did meeting him for and you entered into negotiations let's leave that down those negotiations and the fact that they don't have any bargaining unit and blades at some point there's nobody being quote acknowledges and they are trajan in before the district court that it did not file a timely notice of terminations as clearly stated as they primary requirement they agreed they were bound by the contract they agreed to submit to the arbitrator the arbitrator ruled on the issue or whether the train leno has complied with the element and did not and  or and both the arbitrator and the court said the consequences of failure to abide mean that you're still bound and sold in this particular case there was a successor agreement and they're bound now when that successor greening approaches the end as you ask your honor if i was inviting them i would say make sure you send a trying late notice and negotiate to impasse and then walk away if you don't have any employees i think i've pretty well summarized our arguments in the room open to illegal cut department relationship and never claims that there is a bargaining unit and every claim to be illegal representative of any existing units that in itself violates general and or a law so to the relationship here and i'm not aware of any law that says that i guess where i'm not a ladyship exists and the employee unit disappears that suddenly it's transformin