Shank v., No. 06-2480 (1st Cir. 2007)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on August 6, 2007.
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United States Court of Appeals For the First Circuit No. 06-2480 SHANK/BALFOUR BEATTY, a Joint Venture of M. L. Shank, Co., Inc. and Balfour Beatty Construction, Inc., Plaintiff, Appellant, v. INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 99, a/k/a IBEW LOCAL 99, Defendant, Appellee. ERRATA SHEET The opinion of this Court issued on August 6, 2007 is amended as follows: Delete the text of footnote 4 on page 15 in its entirety and replace it with the following: Shank/BB correctly argues that an affirmative claim for work need not be explicit and that the actual performance of the work by union-represented employees may be sufficient. Performance of the work might in some instances be "evidence" of a claim on the work that creates a jurisdictional dispute. See, e.g., Int'l Longshoremen's & Warehousemen's Union, Local 62-B v. N.L.R.B. (Alaska Timber), 781 F.2d 919, 924-26 (D.C. Cir. 1986); Int'l Longshoremen's & Warehousemen's Union, Local 14 (Sierra Pacific), 314 N.L.R.B. 834, 936 (1994), aff'd 85 F.3d 646, 651-53 (D.C. Cir. 1996). It is not clear that these cases help the company, which assigned the "electrical" work to other unions willing to do it. The real dispute is still between Shank/BB and the electrical union. And the NLRB precedent, which only plays the role of background context for contract construction, involves NLRA jurisdictional disputes, which by statute are resolved by a third party, and not one of the disputing participants. See 29 U.S.C. § 158(b)(4)(D); id. § 160(k). Page 11, line 16: insert apostrophe after "laborers" Page 16, line 19: insert "operating" before "engineers'"
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