Case No EDCV 03-00086-VAP (SGLx) June 5, 2003 ORDER GRANTING INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL UNION NO. 12'S MOTION FOR SUMMARY JUDGMENT AND DENYING SHANK/BALFOUR BEATTY'S MOTION FOR SUMMARY JUDGMENT VIRGINIA PHILLIPS, District Judge Plaintiff Shank/Balfour Beatty and Defendant International Union of Operating Engineers, Local Union No 12's Cross Motions for Summary Judgment came before the Court for hearing on June 2, 2003. After reviewing and considering all papers filed in support