Legal Opinion

Bell Atlantic-Pennsylvania, Inc. v. Communications Workers of America, Afl-Cio, Local 13000 Communications Workers of America, Afl-Cio, District 13

Court of Appeals for the Third Circuit

Decided January 6, 1999No. 98-1231PublishedCited by 14 opinions

1Opinion of the Court

OPINION OF THE COURT

BECKER, Chief Judge.

This labor arbitration appeal presents the question whether the District Court erred in finding that it was the role of the court — and not an arbitrator — to determine whether the underlying dispute between the parties was subject to one particular arbitration procedure rather than another. We conclude that this issue — which of two arbitration procedures in a collective bargaining agreement applies to a particular labor dispute — is one of “procedural arbitrability,” and therefore should be decided by an arbitrator and not a federal court. We…

2Cases cited16 opinions

  1. United Steelworkers v. Warrior & Gulf Navigation Co.Supreme Court of the United States · 1960
  2. United Steelworkers v. Enterprise Wheel & Car Corp.Supreme Court of the United States · 1960
  3. At&T Technologies, Inc. v. Communications WorkersSupreme Court of the United States · 1986
  4. United Steelworkers v. American Manufacturing Co.Supreme Court of the United States · 1960
  5. John Wiley & Sons, Inc. v. LivingstonSupreme Court of the United States · 1964

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3Cited by14 opinions

  1. Major League Umpires Ass'n v. American League of Professional Baseball ClubsCourt of Appeals for the Third Circuit · 2004
  2. Armco Employees Independent Federation v. Ak Steel CorporationCourt of Appeals for the Sixth Circuit · 2001
  3. Kilkenny v. Guy C. Long, Inc.Court of Appeals for the Third Circuit · 2002
  4. Oil, Chemical, & Atomic Workers International Union v. Conoco, Inc.Court of Appeals for the Tenth Circuit · 2001
  5. The Major League Umpires Association v. The American League of Professional Baseball Clubs the National League of Professional Baseball Clubs Office of the Commissioner of Baseball (d.c. No. 01-Cv-02790) Office of the Commissioner of Baseball American League of Professional Baseball Clubs National League of Professional Baseball Clubs v. Major League Umpires Association World Umpires Association (d.c. No. 01-Cv-02816) the Major League Umpires Association, No. 02-1103 the Major League Umpires Association v. The American League of Professional Baseball Clubs the National League of Professional Baseball Clubs Office of the Commissioner of Baseball (d.c. No. 01-Cv-02790) Office of the Commissioner of Baseball American League of Professional Baseball Clubs National League of Professional Baseball Clubs v. Major League Umpires Association World Umpires Association (d.c. No. 01-Cv-02816) Office of the Commissioner of Baseball American League of Professional Baseball Clubs National League of Professional Baseball Clubs No. 02-1124 the Major League Umpires Association No. 02-1276 v. The American League of Professional Baseball Clubs the National League of Professional Baseball Clubs Office of the Commissioner of BaseballCourt of Appeals for the Third Circuit · 2004

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