INTERN. U. OF OPERATING ENGINEERS v. CARL A. MORSE, INC.

No. 75-1190.

529 F.2d 574 (1976)

INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL UNION NO. 139, Plaintiff-Appellee, v. CARL A. MORSE, INC., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided February 10, 1976.


Attorney(s) appearing for the Case

Victor M. Harding, James W. Mohr, Jr., Milwaukee, Wis., for defendant-appellant.

Gerry M. Miller, Milwaukee, Wis., for plaintiff-appellee.

Before STEVENS, Circuit Justice, TONE, Circuit Judge, and HOFFMAN, Senior District Judge.


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...

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