Local 38N Graphic etc. v. St. Louis Post Dispatch

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Appellant and appellee entered into two collective bargaining agreements ("2002 Agreement" and "2006 Agreement") covering retiree healthcare benefits that contained dispute resolution procedures. Appellant brought a suit to compel appellee to arbitration pursuant to the Labor Management Relations Act, 29 U.S.C. 185, and 28 U.S.C. 1337, when appellee unilaterally modified certain retirees' healthcare coverage in October 2008. Before the district court ruled on the motion, appellee again unilaterally modified the health care coverage wherein appellant filed another grievance under the 2002 and 2006 Agreements and amended its first complaint to include the grievance. At issue was whether the district court properly dismissed the complaint for failure to state a claim. The court held that the district court properly dismissed the amended complaint where the district court concluded that the matters were not arbitrable because they occurred after the agreements terminated and were thus not within the scope of arbitrability as defined by Article XI, Section 4.