CONSTRUCTION INDUSTRY EMPL. v. LOCAL UNION NO. 210

Docket No. 08-4647-cv.

580 F.3d 89 (2009)

CONSTRUCTION INDUSTRY EMPLOYERS ASSOCIATION and McKinney Drilling Company, Petitioners-Appellees, v. LOCAL UNION NO. 210, LABORERS INTERNATIONAL UNION OF NORTH AMERICA, AFL-CIO, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided: September 11, 2009.


Attorney(s) appearing for the Case

Robert A. Doren, Bond, Schoeneck & King, PLLC, Buffalo, NY, for Construction Industry Employers Association and McKinney Drilling Company.

John A. Collins (Richard D. Furlong, on the brief), for Local Union No. 210, Laborers International Union of North America, AFL-CIO.

Before: CALABRESI, CABRANES, and HALL, Circuit Judges.


PER CURIAM:

In this appeal, we consider whether (1) a dispute between a construction company and labor union is "jurisdictional" and therefore not subject to arbitration under a collective bargaining agreement and (2) the District Court properly determined that it, and not an arbitrator, should decide the issue of arbitrability with respect to the same dispute.

BACKGROUND

The following facts are undisputed, except where otherwise noted. Petitioner...

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