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UNITED STEEL, PAPER AND FORESTRY v. CONTINENTAL

No. 08-1778.

568 F.3d 158 (2009)

UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED-INDUSTRIAL & SERVICE WORKERS INTERNATIONAL UNION AFL-CIO/CLC; Local No. 850L, Plaintiffs-Appellees, v. CONTINENTAL TIRE NORTH AMERICA, INCORPORATED; CTNA Health Plan, Health Plan, Pension Plan for Hourly-Paid Employees of Continental General Tire, Inc. and Certain Affiliated Companies; Pension Plan for Hourly-Paid Employees of Continental General Tire, Incorporated and Certain Affiliated Companies, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: June 9, 2009.

Attorney(s) appearing for the Case

ARGUED: Brian J. Murray, Jones Day, Chicago, Illinois, for Appellants. Joseph P. Stuligross, United Steel-Workers of America, Pittsburgh, Pennsylvania, for Appellees. ON BRIEF: Brian West Easley, Brent D. Knight, Jones Day, Chicago, Illinois, for Appellants. Amanda Green, Assistant General Counsel, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied-Industrial and Service Workers International Union, AFL-CIO/CLC, Pittsburgh, Pennsylvania; Michael G. Okun, Patterson Harkavy, LLP, Raleigh, North Carolina, for Appellees.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge MICHAEL and Judge MOTZ joined.

OPINION

WILKINSON, Circuit Judge:

In this case, a union is seeking to compel arbitration of grievances it filed against an employer. The district court held that the grievances were arbitrable, and we affirm. The suit was timely because the statute of limitations period does not begin until a party unequivocally refuses to arbitrate. In addition, despite the fact that the grievances were filed after the collective bargaining agreements had expired, it is...

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