Andersen v. Eddyville-Blakesburg Community School District

(special concurrence).

I concur in the result reached by the majority, but I write separately to clarify an issue that the parties addressed in their briefs and which has not been adequately addressed by the majority opinion. The majority opinion briefly discusses the issue of when the judicially-created automatic stay arises. The opinion states that the rule from our decision in Banke is “that an automatic stay arises when determinations necessary to that process are committed to arbitration by a collective bargaining agreement.” .This statement slightly misconstrues our holding in Banke and…