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MORRISTOWN DAILY RECORD v. GRAPHIC COM., LOCAL 8N

No. 87-5321.

832 F.2d 31 (1987)

MORRISTOWN DAILY RECORD, INC., Appellant, v. GRAPHIC COMMUNICATIONS UNION, LOCAL 8N, Appellee.

United States Court of Appeals, Third Circuit.

Decided October 29, 1987.

Attorney(s) appearing for the Case

Kathleen M. McKenna (argued), Jedd Mendelson, Seyfarth, Shaw, Fairweather & Geraldson, New York City, for appellant, Morristown Daily Record, Inc.

Paul A. Montalbano (argued), Schneider, Cohen, Solomon, Leder and Montalbano, Jersey City, N.J., for appellee, Graphic Communications Union, Local 8N.

Before GIBBONS, Chief Judge, and WEIS and SLOVITER, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

Although it acknowledged its obligation to decide whether a collective bargaining agreement required that a particular grievance be arbitrated, the district court nevertheless referred the issue of arbitrability to an arbitrator. The court believed that this question was inseparable from the merits of the underlying dispute. After a careful reading of the labor contract, we find the issues of arbitrability and the...

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