LOCAL NO. 70 v. INTERSTATE DISTRIBUTOR CO.

No. 86-1919.

832 F.2d 507 (1987)

BROTHERHOOD OF TEAMSTERS AND AUTO TRUCK DRIVERS LOCAL # 70, Petitioner-Appellant, v. INTERSTATE DISTRIBUTOR COMPANY, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided November 13, 1987.


Attorney(s) appearing for the Case

David A. Rosenfeld, San Francisco, Cal., for petitioner-appellant.

Randolph C. Roeder, San Francisco, Cal., for respondent-appellee.

Before FLETCHER and REINHARDT, Circuit Judges, and KENYON, District Judge.


REINHARDT, Circuit Judge:

This appeal presents a not so novel question: When one of the parties to a collective bargaining agreement seeks to compel arbitration of a grievance pursuant to an arbitration clause contained in the agreement, and the other party claims that the agreement expired or was terminated before the conduct giving rise to the grievance occurred, who decides whether the agreement actually expired or was terminated — the court or an arbitrator...

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