United States Sixth Circuit

A judgment compelling arbitration of a dispute brought by a union over a side agreement that limited company contributions to retiree healthcare benefits is affirmed where: 1) the court adopts the "scope" test, specifically, unless the parties indicate otherwise, disputes over a side agreement are arbitrable if the subject matter of the side agreement is within the scope of the CBA's arbitration clause; 2) under such test, the dispute was arbitrable; 3) the union had standing to arbitrate on behalf retirees and survivors. However, an order certifying a class is vacated as the district court erred by not requiring consent of the class members to union representation.

Appellate Information

• Decided 01/17/2007
• Published 01/17/2007

Judges

Court

• United States Sixth Circuit

Counsel