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UNITED STEEL WORKERS OF AMERICA v. SAINT GOBAIN

No. 05-6851.

467 F.3d 540 (2006)

UNITED STEEL WORKERS OF AMERICA, AFL-CIO-CLC, Plaintiff-Appellant, v. SAINT GOBAIN CERAMICS & PLASTICS, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 30, 2006.

Attorney(s) appearing for the Case

ARGUED: David R. Jury, United Steelworkers of America, Pittsburgh, Pennsylvania, for Appellant. John W. Woodard, Jr., Wyatt, Tarrant & Combs, LLP, Louisville, Kentucky, for Appellee. ON BRIEF: Daniel M. Kovalik, Paul L. Edenfield, United Steelworkers of America, Pittsburgh, Pennsylvania, for Appellant. John W. Woodard, Jr., Edwin S. Hopson, Wyatt, Tarrant & Combs, LLP, Louisville, Kentucky, for Appellee.

Before GUY, SUTTON, and ALARCÓN, Circuit Judges.

OPINION

SUTTON, Circuit Judge.

General Drivers, Warehousemen and Helpers, Local Union 89 v. Moog Louisville Warehouse, 852 F.2d 871 (6th Cir. 1988), held that the application of an express time-limitations bar in a collective bargaining agreement prohibiting the arbitration of untimely grievance appeals presents a substantive question of arbitrability for a court to decide, as opposed to a procedural question for...

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