International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, Local Union 1199 v. Pepsi-Cola General Bottlers, Inc.

ALAN E. NORRIS, Circuit Judge.

The International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, Local 1199 appeals the district court’s decision to grant summary judgment to defendant, Pepsi-Cola General Bottlers, Inc. The union sued Pepsi when it refused to submit to binding arbitration the grievance of union member Gary Gardner which resulted from his termination. At the time the events giving rise to the grievance occurred, the collective bargain ing agreement, which provided for arbitration when a member was terminated for cause, had expired. A new collective…