Raymond Orrand v. Hunt Construction Grp.

DISSENT

We are asked to decide whether Plaintiffs’ lawsuit seeking payment of benefits in accordance with the terms of the collective bargaining agreement is “inconsistent with or contrary to” a separate decision by the National Labor Relations Board (“NLRB”) resolving a jurisdictional work dispute between two competing labor unions. The majority concludes that such an inconsistency exists and dismisses the action. This decision is unsupported by precedent and repudiates the parties’ contractual intent, as set forth by the applicable collective bargaining agreement. Therefore, I respectfully…