Legal Opinion
Brotherhood of Teamsters and Auto Truck Drivers Local 70 v. Interstate Distributor Company
Court of Appeals for the Ninth Circuit
Decided November 13, 1987No. 86-1919PublishedCited by 52 opinions
1Opinion of the Court
REINHARDT, Circuit Judge:
This appeal presents a not so novel question: When one of the parties to a collective bargaining agreement seeks to compel arbitration of a grievance pursuant to an arbitration clause contained in the agreement, and the other party claims that the agreement expired or was terminated before the conduct giving rise to the grievance occurred, who decides whether the agreement actually expired or was terminated — the court or an arbitrator?
I. Facts
The Brotherhood of Teamsters and Auto Truck Drivers Local No. 70 and the Interstate Distributor Company entered into a…
2Cases cited8 opinions
- United Steelworkers v. Warrior & Gulf Navigation Co.Supreme Court of the United States · 1960
- At&T Technologies, Inc. v. Communications WorkersSupreme Court of the United States · 1986
- National Labor Relations Board v. Local Union No. 103, International Ass'n of Bridge, Structural & Ornamental Iron WorkersSupreme Court of the United States · 1978
- Jim McNeff, Inc. v. ToddSupreme Court of the United States · 1983
- George Day Construction Co., Inc. v. United Brotherhood of Carpenters and Joiners of America, Local 354Court of Appeals for the Ninth Circuit · 1984
3 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Van Ness Townhouses, Edward A. Shay Ai O. Shay, Plaintiffs v. Mar Industries Corp. Shearson Lehman Brothers, Inc., DefendantsCourt of Appeals for the Ninth Circuit · 1989
- Peabody Holding Co. v. United Mine Workers of AmericaCourt of Appeals for the Fourth Circuit · 2012
- National Railroad Passenger Corporation v. Boston and Maine CorporationCourt of Appeals for the D.C. Circuit · 1988
- Oakwood Mobile Homes, Inc. v. BargerSupreme Court of Alabama · 2000
- Microchip Technology Incorporated v. U.S. Philips Corporation and Philips Electronics North America CorporationCourt of Appeals for the Federal Circuit · 2004
47 more not listed; retrieve them via the Exa API.