United States Sixth Circuit

In an action in federal district court under section 301 of the Labor Management Relations Act to compel arbitration of the two grievances under a collective bargaining agreement, dismissal of the grievances is reversed as the parties' dispute over the meaning of a time-limitation bar in a collective bargaining agreement presented a threshold question for an arbitrator to resolve, not a judge.

Appellate Information

• Decided 10/02/2007
• Published 10/02/2007

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.