INTERN. UNION OF PAINTER v. J & R FLOORING, INC.

No. 08-17089.

616 F.3d 953 (2010)

INTERNATIONAL UNION OF PAINTER AND ALLIED TRADES, DISTRICT 15, LOCAL 159, Petitioner-Appellant, v. J & R FLOORING, INC., dba J. Picini Flooring; Freeman's Carpet Service, Inc.; FCS Flooring, Inc.; Flooring Solutions of Nevada, Inc., dba FSI, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 30, 2010.


Attorney(s) appearing for the Case

David A. Rosenfeld , Alameda, CA, for plaintiff-appellant International Union of Painters and Allied Trades, District 15, Local 159.

Gregorey E. Smith , Las Vegas, NV, for appellees J & R Flooring, Inc., Freeman's Carpet Service, Inc., and FCS Flooring, Inc.

Thomas A. Lenz , Cerritos, CA, for appellee Flooring Solutions of Nevada, Inc.

Before: MARY M. SCHROEDER and CONSUELO M. CALLAHAN, Circuit Judges, and BARBARA LYNN, District Judge.


OPINION

SCHROEDER, Circuit Judge:

This appeal raises interesting questions about the relationship between the primary jurisdiction of the National Labor Relations Board ("NLRB" or "the Board") to determine representational disputes and the scope of arbitration under a construction industry collective bargaining agreement that, together with a broad arbitration clause, also contains a provision about determining majority representation. The underlying dispute...

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