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The full case caption appears at the end of this opinion.

Williams, Circuit Judge: Under a labor agreement governing construction work at a refinery jobsite in California, Steamfitters Local Union No. 342 held an exclusive right to dispatch workers to subcontractor Contra Costa Electric. Petitioner Joe Jacoby, a member of the union for 27 years, registered for employment through the union’s hiring hall; due to his skills and experience, his name was placed on the highest priority “A” list. For a period the union mistakenly dispatched several lower-priority individuals ahead of Jacoby. On discovery of the error, it dispatched Jacoby. All parties agree, for current purposes at least, that the priority mix-up was merely negligent, and reflected no intentional wrongdoing.

 
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