Shank/Balfour Beatty v. International Brotherhood of Electrical Workers Local 99

LYNCH, Circuit Judge.

This labor arbitration case raises three issues. The main issue is whether a grievance between one union and management over work assignment constitutes a “jurisdictional” dispute and so is explicitly excluded from arbitration under the terms of a collective bargaining agreement (“CBA”). On this issue, we affirm the district court’s findings that (1) the question of arbitrability was an issue for the court to decide, not the arbitrator, and (2) the grievance was arbitrable because it was not a jurisdictional dispute — only one union affirmatively laid claim to the work…