Metropolitan Nashville Education Association v. Metropolitan Board of Public Education - Concurring and Dissenting

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE July 11, 2006 Session METROPOLITAN NASHVILLE EDUCATION ASSOCIATION, ET AL. v. METROPOLITAN BOARD OF PUBLIC EDUCATION Direct Appeal from the Chancery Court for Davidson County No. 04-391-I Claudia Bonnyman, Chancellor No. M2005-00747-COA-R3-CV - Filed on September 12, 2006 JUDGE HOLLY M. KIRBY, concurring in part and dissenting in part: I agree with most of the majority’s analysis in this case, and in particular I agree with the majority’s holding that the question of the applicability of the arbitration agreement is a “gateway” issue, properly…