Bass v. City of Sioux Falls

MAGILL, Circuit Judge.

SuTran, Inc. appeals the district court’s grant of summary judgment in favor of Donald Bass and the Amalgamated Transit Workers Union, Local 1356 (Union), requiring it to arbitrate Bass’s grievance concerning his discharge from employment. We reverse and remand.

I

Since December 1992, the City of Sioux Falls, South Dakota has contracted with two different companies to operate and manage its transit system. Transit Management of Sioux Falls, Inc., a wholly owned subsidiary of Ryder/ATE, Inc., managed and operated the transit system until March 1, 1996, when SuTran took over…