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05-259 - Steelmasters, Inc. v. Local Union 580 of the International Association or Bridge, Structural Ornamental and Reinforcing Iron Workers, AFL-CIO et al


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05-259 - Steelmasters, Inc. v. Local Union 580 of the International Association or Bridge, Structural Ornamental and Reinforcing Iron Workers, AFL-CIO et al
February 1, 2008
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ORDER granting in part 7 Motion for Summary Judgment. The Court directs the parties to proceed with arbitration before the Honorable Eric J. Schmertz or a substitute Impartial Arbitrator selected in accordance with section XXIX of the CBA. Given the possibility that the arbitrator will rule that the agreement to arbitrate was terminated and this Court will need to determine whether an agreement to arbitrate exists based on petitioner's post-termination course of conduct, the Petition to Stay Arbitration is dismissed with leave to re-open within sixty days after such determination. Ordered by Magistrate Judge Marilyn D. Go on 2/1/08. (Proujansky, Josh)