123090P.pdf   08/30/2013  ABF Freight System  v.  IBT
   U.S. Court of Appeals Case No:  12-3090
   U.S. District Court for the Western District of Arkansas - Ft. Smith   
   [PUBLISHED] [Benton, Author, with Riley, Chief Judge, and Bye, Circuit 
   Judges] 
   Civil case - Labor law. For the court's prior opinion in the matter, see 
   ABF Freight Systems, Inc. v. Int'l Bhd. of Teamsters, 645 F.3d 954 (8th 
   Cir. 2011). The district court did not err in denying ABF's request to 
   appoint a disinterested tribunal to hear its grievance as the rules of the 
   National Grievance Committee provide a solution for the conflict ABF 
   alleges precludes the Committee from hearing the grievance and any action 
   for modifying the rules on this question is an issue for the Committee; 
   the district court correctly determined that it could not rule directly on 
   ABF's claim that the National Master Freight Agreement had been violated 
   based on ABF's argument that the grievance resolution process was not 
   available or futile; nor did defendants waive the grievance procedure and 
   elect to pursue the matter in court as their initial motions to dismiss 
   did not substantially invoke the litigation machinery.