J.w. Peters, Inc. v. Bridge, Structural

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
March 28, 2005
Before
Hon. JOEL M. FLAUM, Chief Judge
Hon. TERENCE T. EVANS, Circuit Judge
Hon. ANN CLAIRE WILLIAMS, Circuit Judge
No. 04-2797
J.W. PETERS, INC.,
Plaintiff-Appellant,
v.
BRIDGE, STRUCTURAL AND
REINFORCING IRON WORKERS, LOCAL
UNION 1, AFL-CIO, ASSOCIATED
STEEL ERECTORS OF CHICAGO,
ILLINOIS, and JOINT ARBITRATION
BOARD, established by the
International Association of Brick,
Structural, Ornamental and
Reinforcing Iron Workers, Local
Union 1 and the Associated Steel
Erectors of Chicago, Illinois,
Defendants-Appellees.
Appeal from the United States
District Court for the Northern
District of Illinois, Eastern Division.
No. 04 C 2932
Milton I. Shadur,
Judge.
O R D E R
Defendants-appellees filed a petition for rehearing and petition for rehearing
en banc on March 15, 2005. All of the judges on the original panel have voted to
deny, and none of the active judges has requested a vote on the petition for

-- 1 of 2 --

Case No. 04-2797 Page 2
rehearing en banc. The petition is therefore DENIED.
The panel has decided, however, to amend the slip opinion dated
March 1, 2005 as follows:
p. 14: The last sentence of the carry over paragraph shall be deleted and replaced
with the following language:
We therefore conclude that if Peters in fact employed fewer than two
employees during the relevant period, the company’s unilateral
repudiation of the contract would, as a matter of law, relieve it of its
contractual obligation to arbitrate before the JAB.
p. 19: The last sentence shall be deleted and replaced with the following language:
We REMAND this case for proceedings consistent with this opinion,
including determination whether the one-man unit rule is applicable.

-- 2 of 2 --