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DELEK REFINING v. LOCAL 202, UNITED STEEL, PAPER

No. 17-40593.

891 F.3d 566 (2018)

DELEK REFINING, LIMITED, Plaintiff-Appellant v. LOCAL 202, UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFLCIO, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 1, 2018.

Attorney(s) appearing for the Case

H. Michael Bush, Esq. , Attorney, Chaffe McCall, L.L.P. New Orleans, LA, for Plaintiff-Appellant.

Patrick M. Flynn, Esq. , Houston, TX, for Defendant-Appellee.

Before HIGGINBOTHAM, SOUTHWICK, and COSTA, Circuit Judges.

Instead of using its employees, Delek Refining hired contract workers to replace a chemical reactor at one of its refineries. An arbitrator found that doing so violated the company's collective bargaining agreement (CBA), which requires that employees get first crack at new work unless certain exceptions apply. In light...

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