RESOLUTION PERFORMANCE PRODUCTS v. PAPER ALLIED INDUS. CHEMICAL AND ENERGY WORKERS INTERNATIONAL UNION

No. 05-30813.

480 F.3d 760 (2007)

RESOLUTION PERFORMANCE PRODUCTS, LLC, Plaintiff-Counter Defendant-Appellee, v. PAPER ALLIED INDUSTRIAL CHEMICAL AND ENERGY WORKERS INTERNATIONAL UNION, LOCAL 4-1201, formerly known as Norco Chemical Workers Union, Defendant-Counter Claimant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 6, 2007.


Attorney(s) appearing for the Case

Ernest R. Malone, Jr., Stephen Lee Scott (argued), The Kullman Firm, New Orleans, LA, for Plaintiff-Counter Defendant-Appellee.

Louis L. Robein, Jr. (argued), Karen Maria Torre, Robein, Urann & Lurye, Metairie, LA, for Defendant-Counter Claimant-Appellant.

Before HIGGINBOTHAM, DENNIS and CLEMENT, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judges.

As part of RPP's purchase of a subsidiary of Shell Oil Company, RPP signed a collective bargaining agreement with the Union, which had had a longstanding relationship with Shell. After the purchase, RPP used only subcontractors, not Union members, for maintenance work, contrary to Shell's past practice. The Union complained that RPP should hire Union members for maintenance work, as Shell had in the past. The arbitrator agreed...

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