Kroger Limited Partnership I v. United Food & Commercial Workers, Local 1995
Arbitration ERISA LaborRelations Privacy
Does the universal standard for judgment on the pleadings apply to a Rule 12(c) motion to compel a labor arbitration or does the general principle of presumption in favor of arbitrability mean the federal courts must ignore the Rule 12(c) standards?
QUESTIONS PRESENTED 1. Does the universal standard for judgment on the pleadings apply to a Rule 12(¢) motion to compel a labor arbitration or does the general principle of presumption in favor of arbitrability mean the federal courts must ignore the Rule 12(¢) standards? 2. Do the federal courts lose their authority to decide arbitrability when to do so requires some consideration of the merits of the underlying dispute?