United Food and Commercial Workers Union, Local 400 v. Shoppers Food Warehouse Corp.

Affirmed by published opinion. Senior Circuit Judge PHILLIPS wrote the opinion, in which Judge WILLIAMS and Senior District Judge ERWIN joined.

OPINION

PHILLIPS, Senior Circuit Judge:

Shoppers Food Warehouse Corp. (Shoppers) appeals the district court’s grant of summary judgment to the United Food and Commercial Workers Union, Local 400 (the Union) in the Union’s action to enforce the arbitration provision of the parties’ collective bargaining agreement. The district court’s decision was clearly correct at the time rendered. The more serious question is whether a subsequent determination by the…