Tielemans
Tielemans v. Aegion Energy Services CA6
Opinion
Opinion
Wilson, J.
I. FACTUAL AND PROCEDURAL BACKGROUND
A. Factual background Tielemans was employed as an hourly, nonexempt construction laborer by Schultz Industrial Services, Inc., formerly known as Schultz Mechanical Contractors, Inc. (Schultz), between August 10, 2016 and July 3, 2018. While employed by Schultz, Tielemans was a member of Local Union No. 585 in Ventura, part of the Southern California District Council of Laborers, affiliated with the Laborers’ International Union of North America, AFL-CIO (SCDCL-LiUNA). In March 2018, Schultz joined the Association of Construction Employers (ACE), thereby designating ACE as its collective bargaining representative in relation to specified labor organizations and their affiliates, including SCDCL-LiUNA. Earlier, on July 1, 2015, ACE executed a collective bargaining agreement (CBA) on behalf of its members with SCDCL-LiUNA, which entered on behalf of itself and its affiliated local unions (2015 CBA). After Schultz joined ACE, ACE notified SCDCL-LiUNA that it represented Schultz in all collective bargaining or labor relations matters under the 2015
CBA.
The 2015 CBA covered the period from July 1, 2015 to June 30, 2018.1 On July 1, 2018, ACE and…