International Union of Painter & Allied Trades, District 15, Local 159 v. J & R Flooring, Inc.

OPINION

SCHROEDER, Circuit Judge:

This appeal raises interesting questions about the relationship between the primary jurisdiction of the National Labor Relations Board (“NLRB” or “the Board”) to determine representational disputes and the scope of arbitration under a construction industry collective bargaining agreement that, together with a broad arbitration clause, also contains a provision about determining majority representation. The underlying dispute involves whether the Union appropriately established that it represented a majority of the employees before the expiration of the…