Contemporary Services Corp. v. Service Employees International Union

MEMORANDUM **

“[WJhere [a labor agreement] contains an arbitration clause, there is a presumption of arbitrability.” AT & T Techs., Inc. v. Communications Workers of Am., 475 U.S. 643, 650 , 106 S.Ct. 1415 , 89 L.Ed.2d 648 (1986). “ ‘An order to arbitrate the particular grievance should not be denied unless it may be said with positive assurance that the arbitration clause is not susceptible of an interpretation that covers the asserted dispute. Doubts should be resolved in favor of coverage.’ ” Id. (quoting United Steelworkers of Am. v. Warrior & Gulf Navigation Co., 363 U.S. 574, 582-83 , 80 S.Ct. 1347 , 4 L.Ed.2d 1409 (1960)).

The collective bargaining agreement (“CBA”) between Contemporary Services Corporation (“Contemporary”) and Services Employees International Union, Local 1877 (the “Union”) is ambiguous as to whether its grievance and arbitration provision applies to Contemporary-initiated claims. In the face of such an ambiguity, ‘“[d]oubts should be resolved in favor of [arbitration].’ ” Id. “In the absence of any express provision excluding a particular grievance from arbitration, we think only the most forceful evidence of a purpose to exclude the claim from…