International Union of Operating Engineers, Local Union No. 139 v. Carl A. Morse, Inc.

JULIUS J. HOFFMAN, Senior District Judge.

The question presented for decision is whether a court, before ordering arbitration, must first pass upon the employer’s claim that it is not bound by the particular substantive provision of the collective bargaining agreement on which the grievance is based, or whether the binding effect of the provision under attack must be left to the arbitrator, when the underlying contract calls for arbitration of “all grievances, disputes or complaints of violations of any provisions” of the agreement, and gives the arbitrator “sole and exclusive jurisdiction to…