Lippert Tile Co. v. International Union of Bricklayers & Allied Craftsmen

WILLIAMS, Circuit Judge.

Brothers Les and Jeffrey Lippert own a tile installation business that employs union workers. Some of their customers require or prefer that union workers be employed for tile installation projects, but others prefer nonunion labor because they can be cheaper. So in 2004 the brothers created a new tile installation company that employed non-union workers solely to serve this market. Pursuant to the governing collective bargaining agreement, the union filed a grievance with the joint arbitration committee (“JAC”), seeking union benefits for the non-union tile installers…