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UNITED STEELWORKERS v. SAINT GOBAIN CERAMICS & PLASTICS, INC.

No. 05-6851.

505 F.3d 417 (2007)

UNITED STEELWORKERS 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 2, 2007.

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: David R. Jury, Richard J. Brean, United Steelworkers of America, Pittsburgh, Pennsylvania, for Appellant. John W. Woodard, Jr., Edwin S. Hopson, Wyatt, Tarrant & Combs, LLP, Louisville, Kentucky, for Appellee. James B. Coppess, Washington, D.C., for Amicus Curiae.

Before: BOGGS, Chief Judge; MARTIN, GUY, BATCHELDER, DAUGHTREY, MOORE, COLE, CLAY, GILMAN, GIBBONS, ROGERS, SUTTON, COOK, McKEAGUE, and GRIFFIN, Circuit Judges.

SUTTON, J., delivered the opinion of the court, in which BOGGS, C.J., GUY, BATCHELDER, DAUGHTREY, GILMAN, GIBBONS, ROGERS, COOK, McKEAGUE, and GRIFFIN, JJ., joined. CLAY, J. (pp. 425-37), delivered a separate dissenting opinion, in which MARTIN, MOORE, and COLE, JJ., joined.

OPINION

SUTTON, Circuit Judge.

Does a dispute over the meaning of a time-limitation bar in a collective bargaining agreement present a threshold question for an arbitrator to...

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