Disputes Concerning the Formation or Ratification of a Collective Bargaining Agreement Cannot Be Arbitrated Despite Arbitration Clause

Author: Irene Stavrellis Englert, Englert Legal Consulting, LLC

In Granite Rock Co. v. International Brotherhood of Teamsters, +130 S. Ct. 2847 (2010), the Supreme Court considered whether a dispute between an employer and a union concerning the ratification date of a collective bargaining agreement (CBA) that contained an arbitration clause was a matter for the district court or an arbitrator to decide, and whether the employer could file a tort claim alleging the union's interference with the CBA under Section 301(a) of the Labor Management Relations Act (LMRA).