Legal Opinion

Morristown Daily Record, Inc. v. Graphic Communications Union, Local 8n

Court of Appeals for the Third Circuit

Decided October 29, 1987No. 87-5321PublishedCited by 56 opinions

1Opinion of the Court

OPINION OF THE COURT

WEIS, Circuit Judge.

Although it acknowledged its obligation to decide whether a collective bargaining agreement required that a particular grievance be arbitrated, the district court nevertheless referred the issue of arbitrability to an arbitrator. The court believed that this question was inseparable from the merits of the underlying dispute. After a careful reading of the labor contract, we find the issues of arbitrability and the merits to be discrete and independent. Therefore, we conclude that the district court can resolve the threshold question of arbitrability…

2Cases cited6 opinions

  1. United Steelworkers v. Warrior & Gulf Navigation Co.Supreme Court of the United States · 1960
  2. At&T Technologies, Inc. v. Communications WorkersSupreme Court of the United States · 1986
  3. United Steelworkers v. American Manufacturing Co.Supreme Court of the United States · 1960
  4. Oil, Chemical and Atomic Workers' International Union, Local 4-447 v. Chevron Chemical CompanyCourt of Appeals for the Fifth Circuit · 1987
  5. Radio Corporation of America v. Association of Scientists and Professional Engineering Personnel Associationof Scientists and Professional Engineering Personnel Camden Area Chapter Henryj. Andreas and John P. Moran, Association of Scientists and Professional Engineering Personnel v. Radio Corporation of America. Association of Scientists and Professionalengineering Personnel v. Radio Corporation of AmericaCourt of Appeals for the Third Circuit · 1969

1 more not listed; retrieve them via the Exa API.

3Cited by56 opinions

  1. Albert J. Gaiardo and Patricia Gaiardo, His Wife v. Ethyl Corporation, A/K/A Ethyl Corporation, Visqueen DivisionCourt of Appeals for the Third Circuit · 1987
  2. PAINEWEBBER INCORPORATED v. Willard S. HARTMANN, Leona R. Hartmann, AppellantsCourt of Appeals for the Third Circuit · 1990
  3. Trap Rock Industries, Inc. v. Local 825, International Union of Operating Engineers, Afl-CioCourt of Appeals for the Third Circuit · 1992
  4. Mary Ann Pensiero, Inc. v. LingleCourt of Appeals for the Third Circuit · 1988
  5. Bensalem Township v. International Surplus Lines Insurance Company Crum & Forster Managers Corporation, (Ill)Court of Appeals for the Third Circuit · 1994

51 more not listed; retrieve them via the Exa API.

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