Granite Rock Co. v. International Brotherhood of Teamsters, Freight, Construction, General Drivers, Warehousemen & Helpers

Good Law
649 F.3d 1067·2011 WL 1902675
United States Court of Appeals for the Ninth CircuitMay 20, 201107-16142, 07-16236California1,122 words

Opinion

Opinion

ORDER

Granite Rock Company (“Granite Rock”) sued International Brotherhood of Teamsters, Local 287 (“Local”) and International Brotherhood of Teamsters (“IBT”) under section 301(a) of the Labor Management Relations Act (“LMRA”) with claims relating to a collective bargaining agreement (“CBA”). Granite Rock seeks remedies against Local for breach of the CBA. We reversed the district court’s denial of Local’s motion to compel arbitration on the question of contract formation. The Supreme Court subsequently granted certiorari and reversed this court on this issue. Granite Rock Co. v. Int’l Bhd. of Teamsters, — U.S.-, 130 S.Ct. 2847 , 177 L.Ed.2d 567 (2010). On remand, we ordered the parties to file supplemental briefs addressing what further proceedings are required consistent with the Supreme Court’s opinion.

The parties filed supplemental briefs discussing the following issues: (1) whether the district court erred by denying Local’s motion to strike Granite Rock’s jury demand; and (2) whether the district court erred when it held that the National Labor Relations Board’s (“NLRB”) decision that the CBA was not ratified on July 2, 2004, did not collaterally estop Granite Rock from…

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