United Steelworkers of America v. Phelps Dodge Corp.

With all respect, I cannot agree that it was proper for the district court to decide that the underlying dispute was not arbi-trable. In my view, the collective bargaining agreement provides for the arbitrator, *580not the court, to decide the question of arbitrability.

The entrenched rule that “arbitrability is a matter for courts to determine,” Frederick Meiswinkel, Inc. v. Laborers’ Union Local 261, 744 F.2d 1374, 1376 (9th Cir. 1984), applies only “in the absence of a specific agreement to the contrary.” Id. As the majority opinion indicates, the agreement in this case does provide in Article…