E.M. Diagnostic Systems, Inc. v. Local 169, International Brotherhood of Teamsters

I cannot agree with the majority that the Company agreed to arbitrate its right to subcontract work. Not only does the Collective Bargaining Agreement state otherwise, but the parties’ bargaining history giving rise to the negotiated Agreement of the parties of April 12, 1985, demonstrates that the Company at no time consented to arbitrate its absolute right to subcontract, a right granted by the Agreement.

*98Not only has the majority redrawn the parties’ Agreement, but, moreover, because the arbitration clause here requires as a threshold condition that arbitration be restricted to “any dispute…