Greenhouse Holdings, LLC, doing business as Clearview Glass and Glazing (Clearview Kentucky), operates a glass cutting and glazing business in Kentucky. It also owns 90 percent of a Tennessee company, Clearview Glass and Glazing Contractors of Tennessee, LLC, (Clearview Tennessee). Clearview Tennessee operates under a collective bargaining agreement (CBA). Clearview Kentucky is not a party to the CBA and has no separate CBA for its operation. The union at Clearview Kentucky filed a grievance against Clearview Glass which did not specify which entity, or what combination, was or were the respondent(s). The union, however, took the position that the CBA binds Clearview Kentucky as well as Clearview Tennessee. Clearview Kentucky disputes that contention but sent a representative to the arbitration hearing. The arbitrator found the CBA to be binding on Clearview Kentucky, and Clearview Kentucky moved to vacate the award in the U.S. district court.
The district court vacated the award as to Clearview Kentucky, and the union appealed.