International Union of Painter & Allied Trades, District 15 Local 890L v. J & R Flooring, Inc.

These consolidated cases arise 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”). One set of cases arises from the Union’s charges before the National Labor Relations Board (“Board”) that the contractors failed to bargain in good faith during and following the card check. The other case arises 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. We have seen the appeal from the district court before when the district court declined to order arbitration. See Int’l Union of Painter and Allied Trades, Dist. 15, Local 159 v. J & R Flooring, Inc., 616 F.3d 953 (9th Cir.2010). We have now ordered the appeal reheard.

When we originally decided the district court appeal, the Union’s unfair labor practice charges had been pending before the Board for more than two years, a delay resulting…