Arbitrator or Court

The Supreme Court rendered an interesting decision in a case where an employer sued a local union for alleged violations of the no strike provisions of a collective bargaining agreement and an international union for tortious interference with the CBA. The local union claimed there was no violation of the CBA because it was not ratified as of the time of the alleged violation of the no strike clause. The 7 member majority opinion (Thomas) held the ratification date issue was one for a court to decide, rather than an arbitrator. A unanimous court refused to extend "federal common law" to include tortious interference with a contract  as a claim cognizable under LMRA § 301. But the really interesting part is after the jump.