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

OPINION AND ORDER ADOPTING MAGISTRATE JUDGE MAJZOUB’S REPORT AND RECOMMENDATION GRANTING DEFENDANT AND INTERVENOR’S MOTIONS TO DISMISS [31] AND REJECTING IN PART MAGISTRATE JUDGE’S ORDER DENYING DEFENDANT’S MOTION FOR SANCTIONS [32]

ARTHUR J. TARNOW, Senior District Judge.

The underlying dispute in this case is whether an employer has any obligations under the National Labor Relations Act (“NLRA”) to bargain with a union for a new collective bargaining agreement (“CBA”) following the termination of a pri- or CBA. Plaintiff DiPonio Construction Company, Inc. (“DiPonio”) asserts that because the…