United States Sixth Circuit

Grant of a company's motion to preclude arbitration as a matter of law based on a union's late filing of a grievance appeal is affirmed based on General Drivers, Warehousemen and Helpers, Local Union 89 v. Moog Louisville Warehouse, 852 F.2d 871 (6th Cir. 1988), which held that the application of an express time-limitations bar in a collective bargaining agreement prohibiting the arbitration of untimely grievance appeals presents a substantive question of arbitrability for a court to decide, as opposed to a procedural question for an arbitrator to decide.

Appellate Information

• Decided 10/30/2006
• Published 10/30/2006

Judges

• Before: BOGGS, Chief Judge;  MARTIN, GUY, BATCHELDER, DAUGHTREY, MOORE, COLE, CLAY, GILMAN, GIBBONS, ROGERS, SUTTON, COOK, McKEAGUE, and GRIFFIN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  David R. Jury, United Steelworkers of America, Pittsburgh, Pennsylvania, for Appellant.  John W. Woodard, Jr., Wyatt, Tarrant & Combs, LLP, Louisville, Kentucky, for Appellee.   ON BRIEF:  David R. Jury, Richard J. Brean, United Steelworkers of America, Pittsburgh, Pennsylvania, for Appellant.  John W. Woodard, Jr., Edwin S. Hopson, Wyatt, Tarrant & Combs, LLP, Louisville, Kentucky, for Appellee.  James B. Coppess, Washington, D.C., for Amicus Curiae.