Force Majeure

Force Majeure clauses are sometimes inserted into legal contracts to deal with unexpected emergency situations. The clause will say that if a qualifying event occurs, such as a natural disaster, the contract is voided or modified in some way. 

A recent labor agreement with a student union at Duke University includes a force majeure clause that reportedly would terminate the contract if a budget emergency occurs as a result of a federal action but gives the union a guaranteed opportunity to propose alternatives:

The contract carves out some insurance for the University, too. In the case of a “Force Majeure Event” — a financial emergency that prevents Duke from continuing normal operations — the University can temporarily break the contract’s terms, and DGSU [Duke Graduate Student Union] members would not be allowed to strike... The University must notify the union “immediately” once such an event is initiated, and DGSU then has the right to an expedited negotiating period to “come up with alternative solutions to any cuts.” DGSU claims the “Force Majeure” clause is highly uncommon, citing Emory University’s graduate union as the only other to receive such a provision during bargaining...

Full story from the The Chronicle (Duke student newspaper) at:

https://www.dukechronicle.com/article/954366ba-2cc5-4e08-b82b-2e4f6166062a.

Since information flows around, and with two universities already doing it, one wonders if upcoming bargaining at UC will not include discussion of such a clause.