International Brotherhood of Electrical Workers, Local 532 v. Brink Construction Company

Summary

The Ninth Circuit considered whether Brink Construction Company was bound by collective bargaining agreements with the International Brotherhood of Electrical Workers, Local 532, and whether the district court had jurisdiction under LMRA § 301 to compel dispute resolution. The court held that the district court had jurisdiction and did not abuse its discretion by refusing to stay the case pending NLRB proceedings. It reversed summary judgment for the Union, concluding that Brink's obligations under the 1981–83 agreement terminated before the disputed construction job and that Brink was not bound by the 1983–85 agreement.

Holdings

1. A district court has jurisdiction under LMRA § 301 to determine the existence and termination of a labor agreement and to compel compliance with its dispute-resolution procedure, so long as resolving the contract issue does not require deciding a matter within the NLRB's exclusive or primary jurisdiction.
2. An ALJ decision pending review by the NLRB has no collateral-estoppel effect, but the pending NLRB proceeding did not require a stay of the federal § 301 action in these circumstances.
3. Brink's obligations under the 1981–83 master agreement terminated effective May 31, 1983, and Brink was not bound by the subsequently negotiated 1983–85 master agreement during the second Miles City project.
4. Brink was not entitled to attorneys' fees because the record did not demonstrate bad faith by the Union on appeal.

Questions Presented

1. Whether the district court had jurisdiction under LMRA § 301 to determine the existence and termination of a collective bargaining agreement.
2. Whether the pending NLRB proceeding required the district court to give preclusive effect to the ALJ decision or stay the § 301 action.
3. Whether Brink remained bound by either the 1981–83 or 1983–85 master collective bargaining agreement during the second Miles City project.
4. Whether Brink was entitled to attorneys' fees on appeal.

Disposition

reversed_and_remanded