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BEAIRD INDUSTRIES v. LOCAL 2297, INTERN. UNION

No. 04-30333.

404 F.3d 942 (2005)

BEAIRD INDUSTRIES, INC., Plaintiff-Counter Defendant-Appellee, v. LOCAL 2297, INTERNATIONAL UNION, United Automobile, Aerospace and Agricultural Implement Workers of America, Defendant-Counter Claimant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 29, 2005.

Attorney(s) appearing for the Case

Stephen Lee Scott, The Kullman Firm, New Orleans, LA, for Beaird Industries, Inc.

Samuel Morris, Timothy Paul Taylor, Godwin, Morris, Laurenzi & Bloomfield, Memphis, TN, for Local 2297.

Before JOLLY and DAVIS, Circuit Judges, and ENGELHARDT, District Judge.

E. GRADY JOLLY, Circuit Judge:

Beaird Industries, Inc. ("Beaird") and the Local 2297 of the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America ("Union") are parties to a valid collective bargaining agreement ("CBA"), which contains a binding arbitration provision and in which Beaird reserves the right to subcontract work. The Union grieved Beaird's subcontracting decision in relation to certain landscaping work, and the...

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