DiPonio Construction Co. v. International Union of Bricklayers & Allied Craftworkers, Local 9

OPINION

SILER, Circuit Judge.

Plaintiff, DiPonio Construction Company, Inc. (DiPonio), appeals the district court’s decision to grant defendant, International Union of Bricklayers and Allied Craftworkers, Local 9’s (Union), motion to dismiss and motion for sanctions. The underlying dispute in this case is whether DiPonio has any obligation under the National Labor Relations Act (NLRA) to bargain with the Union for a new collective bargaining agreement (CBA) following the termination of the parties’ previous CBA. At the heart of this question is whether the CBA was entered into pursuant to…