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INTERN. ASS'N OF MACH. & AEROSPACE v. AK STEEL

No. 09-3425.

615 F.3d 706 (2010)

INTERNATIONAL ASSOCIATION OF MACHINISTS & AEROSPACE WORKERS, AFL-CIO, LOCAL LODGE 1943, Plaintiff-Appellee, v. AK STEEL CORPORATION, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 12, 2010.

Attorney(s) appearing for the Case

ARGUED: George E. Yund, Frost Brown Todd LLC, Cincinnati, Ohio, for Appellant. Robert H. Mitchell, Manley Burke, LPA, Cincinnati, Ohio, for Appellee. ON BRIEF: George E. Yund, Catherine Ann Reed, Frost Brown Todd LLC, Cincinnati, Ohio, for Appellant. Robert H. Mitchell, Emily T. Supinger, Manley Burke, LPA, Cincinnati, Ohio, for Appellee.

MARTIN, J., delivered the opinion of the court, in which ZOUHARY, D. J., joined. WHITE, J. (pp. 713-15), delivered a separate dissenting opinion.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

The question in this case is who decides who decides. The district court granted appellee International Association of Machinists and Aerospace Workers, AFLCIO, Local Lodge 1943's motion for summary judgment, in which the Union sought to compel the arbitration of the question of whether ninety-three grievances against appellant AK Steel Corporation were substantively arbitrable under their agreement. The Company...

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