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SHANK/BALFOUR BEATTY v. INTERN. BROTH., LOCAL 99

No. 06-2480.

497 F.3d 83 (2007)

SHANK/BALFOUR BEATTY, A JOINT VENTURE OF M.L. SHANK, CO., INC., and Balfour Beatty Construction, Inc., Plaintiff, Appellant, v. INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 99, a/k/a IBEW LOCAL 99, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided August 6, 2007.

Attorney(s) appearing for the Case

Mark T. Bennett, with whom Stephen J. Schultz and Marks, Golia & Finch, LLP, were on brief, for appellant.

Carly Beauvais Iafrate, with whom Gerard P. Cobleigh was on brief, for appellee.

Before LYNCH and HOWARD, Circuit Judges, and YOUNG, District Judge.

LYNCH, Circuit Judge.

This labor arbitration case raises three issues. The main issue is whether a grievance between one union and management over work assignment constitutes a "jurisdictional" dispute and so is explicitly excluded from arbitration under the terms of a collective bargaining agreement ("CBA"). On this issue, we affirm the district court's findings that (1) the question of arbitrability was an issue for the court to decide, not the arbitrator, and ...

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