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041738P.pdf   12/19/2005  IBEW, AFL-CIO  v.  GKN Aerospace
   U.S. Court of Appeals Case No:  04-1738
   Eastern District of Missouri   
   [PUBLISHED] [Colloton, Author, with Smith and Heaney, Circuit Judges]
   Civil case - labor law. Collective bargaining agreement did not create a
   right for a supervisor to return to the bargaining unit, and the grievance
   concerning whether the company was required to allow him to return to
   his former position as an electrician was not arbitrable under the
   collective bargaining agreement; as a result, the district court erred in
   granting the Union's motion to compel arbitration of the dispute; because
   there was no right to transfer, the company was also entitled to summary
   judgment on the Union's claim that the company breached the collective
   bargaining agreement by refusing to allow the transfer. Dissent by Judge
   Heaney.