Granite Rock Company v. Local 287

facts must be presumed true and viewed in the light most favorable to Granite Rock. Pakootas v. Teck Cominco Metals, Ltd., 452 F.3d 1066, 1069 (9th Cir. 2006). Granite Rock alleges: Granite Rock is a California company engaged in supplying ready mixed concrete for commercial use, and Local 287 represents certain employees at Granite Rock’s San Jose facility. Between March 1, 1999 and April 30, 2004, Granite Rock and Local 287 were parties to a collective bar- gaining agreement (“CBA”). Before expiration of that agree- ment, the parties began negotiations. Throughout the negotations, Rome Aloise (“Aloise”), the administrative assis- tant to the General President of IBT, advised Local 287 that certain provisions of the CBA were inadequate. Aloise also represented the interests of IBT and other local unions affili- ated with IBT in the negotiations. No resolution was reached in April or May, and in early June, 2004, after the CBA between Granite Rock and Local 287 expired, Local 287 members went on strike. Negotiations resumed shortly there- after, and the parties reached a tentative four-year agreement (“new CBA”) at 4:00 a.m. on July 2, 2004. This tentative agreement contained a…