Int’l Union of Painter and Allied Trades v. J&R Flooring, Inc., et al.; Int’l Union of Painter and Allied Trades v. Nat’l Labor Relations Board; Flooring Solutions of NV v. Nat’l Labor Relations Board; Nat’l Labor Relations Board v. Flooring Solutions of

These consolidated cases arose out of a 2007 labor dispute between the Painters Union and Nevada contractors over whether the Union's card check established its majority status under the terms of the collective bargaining agreement (CBA), thereby requiring the contractors to bargain with the Union pursuant to Section 9(a) of the National Labor Relations Act (NLRA), 29 U.S.C. 151 et seq. One set of cases arose from the Union's charges before the NLRB that the contractors failed to bargain in good faith during the following card check. The other case arose from the district court, where the Union sought an order to arbitrate whether the card check established the Union's majority status under the terms of the CBA. In the petitions for review from the NLRB's decision, the court enforced the NLRB's order, and denied the Union's and Flooring Solutions' petitions for review. In the appeal from the district court, the court held that the dispute over whether the Union established majority status pursuant to the CBA's card check provision was primarily contractual and subject to arbitration. Therefore, the court withdrew its prior decision and replaced it with this opinion reversing the district court's order denying arbitration. The court remanded for the district court to order all parties to arbitrate whether, under the CBA's card check provision, the Union established majority status. View "Int'l Union of Painter and Allied Trades v. J&R Flooring, Inc., et al.; Int'l Union of Painter and Allied Trades v. Nat'l Labor Relations Board; Flooring Solutions of NV v. Nat'l Labor Relations Board; Nat'l Labor Relations Board v. Flooring Solutions of " on Justia Law