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LOCAL 5-857 PAPER, ALLIED-INDUSTRIAL v. CONOCO

No. 02-5064.

320 F.3d 1123 (2003)

LOCAL 5-857 PAPER, ALLIED-INDUSTRIAL, CHEMICAL AND ENERGY WORKERS INTERNATIONAL UNION, labor organization; Paper, Allied-Industrial, Chemical and Energy Workers International Union, Suing as: Paper, Allied-Industrial, Chemical and Energy Workers International Union (AFL-CIO), labor organization, Plaintiffs-Appellees, v. CONOCO INC., a Delaware corporation, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 4, 2003.

Attorney(s) appearing for the Case

David A. Scott (Paul E. Hash with him on the briefs) of Jackson Lewis L.L.P., Dallas, TX, for the Defendant-Appellant.

Steven R. Hickman of Frasier, Frasier & Hickman, L.L.P., Tulsa, OK, for the Plaintiffs-Appellees.

Before TACHA, Chief Judge, LUCERO, and ROBINSON, Circuit Judges.

LUCERO, Circuit Judge.

The Paper, Allied-Industrial, Chemical and Energy Workers International Union and its local 5-857 ("PACE" or "Union") brought suit in federal district court seeking to compel Conoco, Inc. ("Conoco") to arbitrate the Union's three employment grievances pursuant to the parties' collective bargaining agreement ("CBA"). Conoco insisted that the Union's grievances related to matters within the sole discretion of management, and thus were not arbitrable...

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