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District Council No. 16 of the International Union of Painters & Allied Trades, Glaziers, Architectural Metal & Glass Workers, Local 1621 v. B & B Glass, Inc.

9th CircuitAugust 15, 2007No. 05-16258
Defendant WinB & B Glass, Inc.
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Case Details

Judge(s)
Schroeder, Canby, McKeown
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal

Related Laws

No specific laws identified for this ruling.

Outcome

B&B Glass, Inc. (BBTX) prevailed on its motion to dismiss for lack of personal jurisdiction. The court found that the union failed to establish that BBTX exercised actual or active control over the Arizona company (BBAZ) performing the work in California, and therefore the Manganaro work preservation clause in the Texas collective bargaining agreement did not apply to bind BBAZ to the California agreement.

What This Ruling Means

**Union Loses Case Over Work Jurisdiction** This case involved a dispute between a painters' union and B&B Glass, Inc. over which workers could perform certain construction work. The union argued that a Texas-based glass company (BBTX) was controlling work being done by a related Arizona company (BBAZ) in California. The union wanted to enforce a "work preservation clause" from their Texas contract, which would have required the Arizona company to follow California union agreements and hire union workers. The court ruled in favor of B&B Glass and dismissed the case. The judge found that the union failed to prove the Texas company actually controlled the Arizona company's operations. Since there was no real control relationship between the two companies, the work preservation clause in the Texas union contract didn't apply to the Arizona company's California projects. **What This Means for Workers:** This ruling shows that union contracts and work preservation clauses have limits on when and where they apply. Workers can't automatically expect their union agreements to extend to related companies unless there's clear evidence of actual business control. Unions need strong proof of corporate relationships to successfully enforce their contracts across different company entities and state lines.

This summary was generated to explain the ruling in plain English and is not legal advice.

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