Building Materials and Construction Teamsters Local No. 216, Plaintiff v. Granite Rock Company, a Corporation

Granite Rock Company (Granite Rock) appeals the district court’s order granting summary judgment in favor of Building Materials and Construction Teamsters Local No. 216 (union). The district court’s order requires the parties to arbitrate the question whether Granite Rock violated an implied covenant in the multi-union, multi- employer bargaining agreement (agreement) to which it is a party. Granite Rock challenges the district court’s determination of arbitrability on three grounds: (1) the union’s grievance is not arbitrable because the union failed to demonstrate that its interpretation of the agreement was plausible; (2) the union’s claim was decided adversely to the union in proceedings before the National Labor Relations Board (Board) and is therefore barred by principles of res judicata and collateral estoppel; and (3) the implied covenant, if it exists, is unenforceable because it violates section 8(e) of the National Labor Relations Act (NLRA), 29 U.S.C. § 158 (e), and public policy. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

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Granite Rock operates various businesses in Northern California, including a concrete manufacturing plant in San Jose,…