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WESTINGHOUSE BROADCASTING v. LOCAL 804, INTERN. ALLIANCE

No. 79-2109.

616 F.2d 97 (1980)

WESTINGHOUSE BROADCASTING CO., INC. v. LOCAL 804, INTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYEES AND MOVING PICTURE MACHINE OPERATORS OF the UNITED STATES AND CANADA and American Arbitration Association, Westinghouse Broadcasting Company, Appellant.

United States Court of Appeals, Third Circuit.

Decided March 12, 1980.

Attorney(s) appearing for the Case

Robert M. Landis (argued), Steven B. Feirson, Dechert Price & Rhoads, Philadelphia, Pa., for appellant.

Richard H. Markowitz (argued), Robert C. Cohen, Markowitz & Richman, Philadelphia, Pa., for appellee, Local 804, Intern. Alliance of Theatrical Stage Emp. and Moving Picture Machine Operators of the United States and Canada.

Before ALDISERT, WEIS and HIGGINBOTHAM, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

This appeal from a summary judgment in favor of the union ordering arbitration of a grievance presents a narrow issue for decision. We must decide if, by its order, the district court required the arbitrator to decide in the first instance whether the grievance was arbitrable. If so, the order is defective because "whether or not the company was bound to arbitrate, as well as what issues it must arbitrate, is...

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