United States Seventh Circuit
Karl Schmidt Unisa, Inc. v. Int'l Union United Auto., Aerospace, & Agric. Implement Workers of Am., UAW Local 2357, 09-4001
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In an employer's suit against a union and two employees, seeking a declaratory judgment that the union's grievances are not arbitrable, district court's grant of summary judgment in favor of the union in finding that the grievances arbitrable under the terms of the parties' collective bargaining agreement (CBA), is affirmed as, the CBA's arbitration clause creates a presumption that the union's grievance is arbitrable, and because the CBA does not expressly exclude the grievance from arbitration and the employer has not shown most forceful evidence of the parties' intent to exclude the grievance from arbitration, the employer has not rebutted the presumption of arbitrability.
Appellate Information
- Argued 10/01/2010
- Decided 12/17/2010
- Published 12/17/2010
Judges
Court
- United States Seventh Circuit