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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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By FindLaw Staff on December 17, 2010 1:27 PM

Arbitrability of union's grievances

Karl Schmidt Unisa, Inc. v. Int'l Union United Auto., Aerospace, & Agric. Implement Workers of Am., UAW  Local 2357, 09-4001, concerned an employer's suit against a union and two employees, seeking a declaratory judgment that the union's grievances regarding the supplemental retirement benefit are not arbitrable.

 

In affirming the 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), the court held that 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.

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