Construction, Building Material, Ice & Coal, Laundry, Dry Cleaning, & Industrial Laundry & Dry Cleaning Drivers, Helpers, Warehousemen, Yardmen, Salesmen, & Allied Workers, Local 682 v. Bussen Quarries, Inc.

I respectfully dissent. We are obligated to follow the decision of the United States Supreme Court in Carey v. Westinghouse Electric Corp., 375 U.S. 261, 84 S.Ct. 401, 11 L.Ed.2d 320 (1964). That decision requires a reversal of the district court.

In Carey, a union (IUE) and an employer (Westinghouse) entered into a collective bargaining agreement covering employees at several plants. Pursuant to the agreement, Westinghouse recognized IUE and its locals as the exclusive bargaining representative of those units for which the IUE and its locals had been certified as the exclusive bargaining…