OPINION
RAWLINSON, Circuit Judge.
The question before us is whether an employer may refuse to arbitrate a grievance, and later use that refusal to support a claim that the employee has failed to exhaust his arbitral remedies. The answer is no. We hold that when an employer refuses to arbitrate, its action constitutes a repudiation of the collective bargaining agreement as to that grievance.
BACKGROUND
Appellant Tarlochan Sidhu (...
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