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INTERNATIONAL UNION, ETC. v. MARATHON OIL CO.

No. CV F 82-211-EDP.

549 F.Supp. 1080 (1982)

In the Matter of Arbitration Between INTERNATIONAL UNION OF PETROLEUM AND INDUSTRIAL WORKERS, SIUNA, AFL-CIO, Petitioner, and MARATHON OIL COMPANY, Respondent and Cross-Petitioner.

United States District Court, E.D. California.

October 7, 1982.

Attorney(s) appearing for the Case

Stuart Libicki, Michael D. Four, Schwartz, Steinsapir, Dohrmann, Krepack, Sommers & Edelstein, Los Angeles, Cal., for plaintiff.

Leonard S. Janofsky, Paul Grossman, Paul, Hastings, Janofsky & Walker, Los Angeles, Cal., for defendant.

MEMORANDUM DECISION

PRICE, District Judge.

Petitioner and respondent are parties to a collective bargaining agreement which provides for arbitration of employee grievances arising during the term of the agreement. As is pertinent to this proceeding, the detail of the agreement provides that:

If a dispute exists as to the arbitrability of a grievance, the issue of arbitrability shall first be determined by an impartial arbitrator selected by the...

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