granite rock international brotherhood teamsters et argued january decided june june respondent local union local supported parent international ibt initiated strike petitioner granite rock employer local members following expiration parties agreement cba impasse negotiations july parties agreed new cba containing arbitration clauses reach separate agreement holding local international union members harmless damages granite rock incurred ibt instructed local continue striking granite rock approved agreement company refused informing local continued strike activity violate new cba clause ibt local responded announcing strike involving numerous facilities workers including members ibt locals granite rock sued ibt local invoking federal jurisdiction labor management relations act lmra seeking damages unions alleged breach contract asking injunction ongoing strike dispute arbitrable grievance new cba unions conceded jurisdiction asserted new cba never validly ratified vote local members thus cba clause provide basis granite rock challenge strike granite rock amended complaint add claims ibt tortiously interfered new cba unions moved dismiss district granted ibt motion dismiss tortious interference claims ground supports federal cause action breach contract denied local separate motion send parties dispute cba ratification date arbitration ruling jury decide whether ratification occurred july granite rock contended august local alleged jury concluded cba ratified july ordered arbitration proceed granite rock claims ninth circuit affirmed dismissal tortious interference claims reversed arbitration order holding parties dispute matter arbitrator resolve cba arbitration clause appeals reasoned clause covered dispute clause clearly covered related strike claims national policy favoring arbitration required ambiguity arbitration clause scope resolved favor arbitrability event granite rock implicitly consented arbitrate dispute suing contract held parties dispute cba ratification date matter district arbitrator resolve pp whether parties agreed arbitrate particular dispute typically issue judicial determination howsam dean witter reynolds dispute arbitration contract formation see first options chicago kaplan principles neatly dispose case formation dispute typical based whether new cba containing parties arbitration clause ratified thereby formed determine whether parties dispute cba ratification date arbitrable necessary apply rule may order arbitration particular dispute satisfied parties agreed arbitrate dispute see satisfy agreement exists must resolve issue calls question specific arbitration clause party seeks enforce see west jackson ante absent agreement committing arbitrator issues typically concern scope enforceability parties arbitration clause addition issues always include whether clause agreed may include agreement formed pp cases invoking federal policy favoring arbitration labor disputes gateway coal mine workers courts adhere framework see technologies communications workers discharge duty satisfy parties agreed arbitrate particular dispute applying presumption arbitrability validly formed enforceable arbitration agreement ambiguous whether covers dispute hand ordering arbitration presumption rebutted see local thus wrong suggest presumption takes courts outside settled framework determining arbitrability never held presumption overrides principle may submit arbitration disputes parties agreed submit first options supra courts may use policy considerations substitute party agreement see technologies supra presumption applied reflects derives legitimacy judicial conclusion absent provision validly committing issue arbitrator arbitration particular dispute parties intended express agreement arbitrate validly formed legally enforceable best construed encompass dispute see first options supra simple framework compels reversal ninth circuit judgment requires judicial resolution two related questions central local arbitration demand cba formed whether arbitration clause covers matters local wishes arbitrate pp parties characterize dispute formation dispute union vote ratifying cba terms necessary form contract purposes determining arbitrability contract formed critical whether formed agreement ratification date determines formation date thus determines whether provisions enforceable period relevant parties dispute formation date question requires judicial resolution relates local arbitration demand way required district determine cba ratification date order decide whether parties consented arbitrate matters demand covered cba requires arbitration disputes arise agreement parties dispute clearly fit description ninth circuit credited local argument dispute presumed arbitrable relates dispute dispute clearly arise cba ninth circuit overlooked fact theory dispute arbitrability fails local asserts new cba formed august case cba july dispute arise local attempts address flaw circuit reasoning arguing december document parties executed rendered new cba effective may date prior cba expired appeals rule claim need either raised local brief opposition certiorari petition pp another reason reverse appeals judgment dispute whether labeled formation dispute falls outside arbitration clause scope grounds presumption favoring arbitration cure cba provides inter alia disputes arising agreement shall resolved accordance grievance procedure includes arbitration parties dispute properly said fall within provision scope least two reasons first question whether cba validly ratified july question concerning cba existence fairly said arise cba second even arising language isolation construed cover dispute remaining provisions foreclose reading describing section arbitration requirement applicable labor disagreements addressed cba subject requirement mandatory mediation ninth circuit contrary conclusion finds support text effort grapple text misses point focusing whether granite rock claim enforce cba provisions characterized arising agreement dispositive issue pp local remaining argument support appeals judgment granite rock implicitly consented arbitration sued enforce cba arbitrable grievance provisions similarly unavailing although sought injunction strike parties arbitrate labor grievance giving rise granite rock decision sue establish agreement implicit otherwise arbitrate issue cba formation date company raise always rightly characterized beyond arbitration clause scope pp ninth circuit err declining recognize new federal cause action lmra ibt alleged tortious interference cba though virtually circuits rejected claims granite rock argues case inconsistent federal labor law goal promoting industrial peace economic stability judicial enforcement cbas precedents holding federal common law labor contracts necessary goal see textile workers lincoln mills company says remedy seeks necessary potential avenues deterrence redress tort claims unfair labor practices claims national labor relations board nlrb federal claims either unavailable insufficient granite rock yet exhausted avenues relief case provide opportunity judge efficacy accordingly premature recognize cause action granite rock seeks even assuming authorizes particularly true course conduct already prompted judgments favorable granite rock jury nlrb separate proceedings concerning union attempts delay new cba ratification proceedings others conducted remand buttress conclusion granite rock assumptions adequacy avenues relief questionable appeals err declining recognize new federal tort granite rock requests pp reversed part affirmed part remanded thomas delivered opinion roberts scalia kennedy ginsburg breyer alito joined stevens sotomayor joined part iii sotomayor filed opinion concurring part dissenting part stevens joined granite rock company petitioner international brotherhood teamsters et al writ certiorari appeals ninth circuit june justice thomas delivered opinion case involves employer claims local union union international parent economic damages arising strike claims turn part whether agreement cba containing provision validly formed strike period employer contends unions contend cba contains arbitration clause first address whether parties dispute cba ratification date matter district arbitrator resolve conclude matter judicial resolution next address whether appeals erred declining employer request recognize new federal cause action labor management relations act lmra stat international union alleged tortious interference cba appeals err declining request petitioner granite rock company concrete building materials company operated california since granite rock employs approximately employees different labor contracts several unions including respondent international brotherhood teamsters local local granite rock local parties cba expired april parties attempt negotiate new cba hit impasse june local members initiated strike support contract strike continued july parties reached agreement terms new cba cba contained clause directly address union members liability damages granite rock may incurred new cba negotiated prior cba expired end negotiating session new cba local business representative george netto approached granite rock executing separate agreement among things hold union members harmless damages incurred june strike netto make execution agreement condition local ratification cba local decision cease picketing thus local agreement place voted ratify cba july respondent international brotherhood teamsters ibt advised local throughout cba negotiations whose leadership members supported june strike opposed local decision return work without agreement shielding local ibt members liability damages effort secure agreement ibt instructed local members honor agreement return work july instructed local leaders continue work stoppage granite rock agreed hold local ibt members free liability june strike netto demanded agreement july granite rock refused request informed local company view continued strike activity violation new cba clause ibt local responded announcing strike involved numerous facilities hundreds workers including members ibt locals besides local according granite rock ibt instigated strike supported directed ibt provided pay benefits union members refused return work directed local negotiations granite rock supported local financially strike period million loan represented granite rock ibt unilateral authority end work stoppage exchange agreement covering ibt members within outside local bargaining unit july granite rock sued ibt local district seeking injunction ongoing strike damages granite rock complaint originally amended invoked federal jurisdiction lmra alleged july strike violated local obligations cba provision asked district enjoin strike dispute giving rise strike arbitrable grievance see boys markets retail clerks holding federal courts may enjoin strike cba contemplates arbitration dispute occasions strike unions conceded lmra gave district jurisdiction suit opposed granite rock complaint asserting cba validly ratified july time relevant july strike thus clause provide basis granite rock claims challenging strike district initially denied granite rock request enforce cba provision granite rock unable produce evidence cba ratified july app shortly district ruled however local member testified netto put new cba ratification vote july voting local members unanimously approved agreement based statement supporting testimony employees granite rock moved new trial injunction damages claims august motion pending local conducted second successful ratification vote cba september day district scheduled hear granite rock motion unions called strike although return work mooted granite rock request injunction district proceeded hearing granted granite rock new trial damages claims parties proceeded discovery granite rock amended complaint already alleged claims breach cba local ibt add federal inducement breach interference contract hereinafter tortious interference claims ibt ibt local moved dismiss among things ibt argued granite rock plead federal tort claim provision supports federal cause action breach contract district agreed dismissed granite rock tortious interference claims district however grant local separate motion send parties dispute cba ratification date district held whether cba ratified july august issue decide submitted question jury jury reached unanimous verdict local ratified cba july district entered verdict ordered parties proceed arbitration granite rock claims damages appeals ninth circuit affirmed part reversed part see appeals affirmed district dismissal granite rock tortious interference claims ibt see disagreed district determination date cba ratification matter judicial resolution see appeals reasoned parties dispute issue governed cba arbitration clause clause clearly covered related strike claims national policy favoring arbitration required ambiguity scope parties arbitration clause resolved favor arbitrability event granite rock implicitly consented arbitrate dispute suing contract internal quotation marks omitted granted certiorari see ii well settled commercial labor cases whether parties agreed submi particular dispute arbitration typically issue judicial determination howsam dean witter reynolds quoting technologies communications workers see john wiley sons livingston similarly well settled dispute issue concerns contract formation dispute generally courts decide see first options chicago kaplan deciding whether parties agreed arbitrate certain matter courts generally apply ordinary principles govern formation contracts technologies supra explaining settled rule labor cases matter arbitrators derive authority resolve disputes parties agreed advance submit grievances arbitration buckeye check cashing cardegna distinguishing treatment generally nonarbitral question whether arbitration agreement ever concluded question whether contract containing arbitration clause illegal formed question held arbitrable certain circumstances principles neatly dispose case formation dispute typical based whether cba contains parties arbitration clause ratified thereby time district considered local demand send issue arbitrator granite rock party resisting arbitration conceded formation validity cba arbitration clause unusual facts require us reemphasize proper framework deciding disputes arbitrable precedents framework may order arbitration particular dispute satisfied parties agreed arbitrate dispute see first options supra technologies supra satisfy agreement exists must resolve issue calls question formation applicability specific arbitration clause party seeks enforce see west jackson ante opinion scalia provision validly committing arbitrator see ante issues typically concern scope arbitration clause enforceability addition issues always include whether clause agreed may include agreement formed parties agree proper district decide whether ratification dispute disagree whether district answered question correctly local contends district erred holding cba ratification date issue decide appeals agreed holding district refusal send dispute arbitration violated two principles arbitrability set forth precedents see first principle parties concede agreed arbitrate matters pursuant arbitration clause law permissive policies respect arbitration counsel doubts concerning scope arbitral issues resolved favor arbitration first options supra quoting mitsubishi motors soler see citing principle national policy favoring arbitration concluding arbitration clauses construed broadly internal quotation marks citations omitted second principle appeals invoked presumption arbitrability applies even disputes enforceability entire contract containing arbitration clause least cases governed federal arbitration act faa et courts must treat arbitration clause severable contract appears thus apply clause disputes within scope nless validity challenge arbitration clause party disputes formation contract quoting buckeye explaining treat parties arbitration clause enforceable respect dispute party argued clause invalid way local contends precedents particularly applying federal policy favoring arbitration labor disputes permit result brief respondent local quoting gateway coal mine workers see brief respondent local pp local like appeals overreads precedents language holdings local appeals rely divorced first principle underscores arbitration decisions arbitration strictly matter consent volt information sciences board trustees leland stanford junior thus way resolve disputes disputes parties agreed submit arbitration first options emphasis added applying principle precedents hold courts order arbitration dispute satisfied neither formation parties arbitration agreement absent valid provision specifically committing disputes arbitrator enforceability applicability dispute issue ibid party contests either matters must resolve disagreement ibid local nonetheless interprets opinions depart framework require arbitration certain disputes particularly labor disputes based policy grounds even evidence parties agreement arbitrate dispute question lacking see brief respondent local citing cases emphasizing policy favoring arbitration generally impressive policy considerations favoring arbitration lmra cases internal quotation marks omitted fair reading opinions compelled arbitration dispute persuaded parties arbitration agreement validly formed covered dispute question legally enforceable see first options supra buckeye cases applying presumption arbitrability certain disputes discuss requirements merely reflects fact cases requirements obviously satisfied discussion needed buckeye formation parties arbitration agreement issue parties agreed concluded agreement arbitrate memorialized arbitration clause loan contract arbitration clause scope also issue provision expressly applied ny claim dispute controversy arising relating validity enforceability scope arbitration provision entire agreement parties resisting arbitration customers agreed broad arbitration clause condition using buckeye loan service claimed usurious interest provision loan agreement invalidated entire contract including arbitration clause thus precluded relying clause evidence parties consent arbitrate matters within scope see rejecting argument simply applied requirement faa courts treat arbitration clause severable contract appears enforce according terms unless party resisting arbitration specifically challenges enforceability arbitration clause see citing southland keating prima paint flood conklin mfg claims agreement arbitrate ever concluded see also ante cases invoking federal policy favoring arbitration commercial labor disputes apply framework recognize except parties clearly unmistakably provide otherwise technologies duty interpret agreement determine whether parties intended arbitrate grievances concerning particular matter discharge duty applying presumption arbitrability validly formed enforceable arbitration agreement ambiguous whether covers dispute hand adhering presumption ordering arbitration presumption rebutted see prima paint supra gateway coal mine workers drake bakeries bakery workers atkinson sinclair refining steelworkers warrior gulf nav local thus wrong suggest presumption arbitrability sometimes apply takes courts outside settled framework deciding arbitrability presumption simply assists resolving arbitrability disputes within framework confining presumption role reflects foundation federal policy favoring arbitration explained policy merely acknowledgment faa commitment overrule judiciary longstanding refusal enforce agreements arbitrate place agreements upon footing contracts volt internal quotation marks citations omitted accordingly never held policy overrides principle may submit arbitration disputes parties agreed submit first options see also mastrobuono shearson lehman hutton faa proarbitration policy operate without regard wishes contract parties technologies applying rule presumption arbitrability labor disputes held courts may use policy considerations substitute party agreement see volt supra applied presumption favoring arbitration faa labor cases reflects derives legitimacy judicial conclusion arbitration particular dispute parties intended express agreement arbitrate validly formed absent provision clearly validly committing issues arbitrator legally enforceable best construed encompass dispute see first options supra citing mitsubishi howsam technologies supra citing warrior gulf supra drake bakeries supra simple framework compels reversal appeals judgment requires judicial resolution two questions central local arbitration demand cba formed whether arbitration clause covers matters local wishes arbitrate begin addressing grounds appeals reversed district decision decide parties dispute parties characterize formation dispute union vote ratifying cba terms necessary form contract see app purposes determining arbitrability contract formed critical whether formed case date agreement ratified determines date agreement formed thus determines whether agreement provisions enforceable period relevant parties formation date question requires judicial resolution relates local arbitration demand way district required decide cba ratification date order determine whether parties consented arbitrate matters covered parties agree cba arbitration clause pertains disputes arise agreement accordingly hold parties dispute arbitrable appeals decide whether dispute characterized arising cba answering question affirmative local appeals tied arbitrability issue local raised defense granite rock strike claims arbitrability strike claims see cba arbitration clause pertains disputes arising cba thus presupposes cba existence seem plainly cover dispute arises specific substantive provision cba obviously cover disputes cba formation accordingly appeals relied upon ratification dispute relationship granite rock claim local breached cba clause claim appeals viewed clearly arising cba conclude arbitration clause certainly interpretation covers local defense appeals overlooked fact theory ratification dispute arbitrability fails cba formed time unions engaged acts gave rise granite rock strike claims unions began strike july granite rock filed suit july local asserts cba containing parties arbitration clause ratified thus formed august cba july dispute arise thus valid basis appeals conclusion granite rock july claims arose cba thus arbitrable along extension local formation date defense see ibid foregoing reasons resolution parties dispute whether cba ratified july august central deciding local arbitration demand accordingly appeals erred holding necessary district determine cba ratification date order decide whether parties agreed arbitrate granite rock claim dispute local raised defense claim local seeks address flaw appeals decision arguing december parties executed document rendered cba effective may date prior cba expired language rendered cba arbitration clause clause applicable july strike period notwithstanding local view agreement ratified august ratification date local continues argue controls period clause applies see brief respondent local pp tr oral arg appeals rule merits claim decide whether cba effective date language indeed renders agreement provisions retroactively applicable may need either even accepting local assertion raised retroactivity argument district see brief respondent local local raise argument appeals importantly local brief opposition granite rock petition certiorari raise argument alternative ground affirm appeals judgment finding dispute arbitrable reasons discussed accordingly argument properly deemed waived rule carcieri salazar slip although foregoing sufficient reverse appeals judgment additional reason dispute whether labeled formation dispute falls outside scope parties arbitration clause grounds presumption favoring arbitration cure section cba provides relevant part disputes arising agreement shall resolved accordance grievance procedure includes arbitration app emphasis added see also parties dispute properly characterized falling within relatively narrow drake bakeries scope provision least two reasons first think question whether cba validly ratified july question concerns cba existence fairly said arise cba second even arising language isolation construed cover dispute section remaining provisions foreclose reading describing section arbitration requirement applicable labor disagreements addressed cba subject requirement mandatory mediation see app requiring arbitration disputes arising cba union employer exhausted mandatory mediation limiting arbitration decision provision within scope terms agreement specifically limited matter submitted appeals contrary conclusion find support text appeals effort grapple text misses point focuses whether granite rock claim enforce cba provisions characterized arising agreement see even assuming claim characterized arising cba issue issue whether defense local raised response granite rock suit characterized arising cba reasons explained namely cba provision requiring arbitration disputes arising cba fairly read include dispute cba came existence appeals erred failing address question holding instead arbitration clause susceptible interpretation covers local defense granite rock suit ecause granite rock suing alleged new cba rbitration clauses construed broadly ibid see also local remaining argument support appeals judgment similarly unavailing local reiterates appeals conclusion granite rock implicitly consented arbitration sued enforce cba arbitrable grievance provisions see brief respondent local pp agree seeking injunction strike parties arbitrate labor grievance gave rise granite rock also consented arbitrate ratification formation date dispute address see course true granite rock sought injunction viewed cba provisions enforceable granite rock decision sue compliance cba grievance procedures matters establish agreement implicit otherwise arbitrate issue cba formation date granite rock raise granite rock always rightly see part supra characterized beyond scope cba arbitration clause mere fact local raised formation date dispute defense granite rock suit make dispute attributable granite rock waiver estoppel sense appeals suggested see much less establish granite rock agreed arbitrate suing enforce cba matters accordingly hold parties dispute cba formation date district arbitrator resolve remand proceedings consistent conclusion iii turn claims available remand parties agree granite rock bring claim lmra local cba signatory ibt local agent alter ego see brief respondent ibt reply brief petitioner question whether granite rock may also bring federal tort claim ibt alleged interference brief petitioner appeals joined virtually circuits holding recognize claim granite rock asks us reject position inconsistent federal labor law goal promoting industrial peace economic stability judicial enforcement cbas well precedents holding federal common law labor contracts necessary goal see see also textile workers lincoln mills explaining ibt conduct case undermines core bargaining relationship federal labor laws exist protect granite rock argues federal tort remedy ibt conduct necessary potential avenues deterring redressing conduct either unavailable insufficient see brief petitioner reply brief petitioner unavailable side ledger granite rock lists tort claims held well administrative unfair labor practices claims granite rock says national labor relations board nlrb entertain international unions like ibt part certified local bargaining unit allegedly control insufficient side ledger granite rock lists federal claims granite rock says difficult prove signatories like ibt international unions structure relationships local unions way makes agency alter ego difficult establish based assessments granite rock suggests case presents us choice either recognizing federal tort claim granite rock seeks sanctioning conduct inconsistent federal labor statutes precedents see brief petitioner believe choice stark granite rock implies course true construed section authoriz federal courts fashion body federal law enforcement collective bargaining agreements lewis benedict coal citing lincoln mills supra also emphasized developing common law envision freewheeling inquiry federal courts might find desirable rule howard johnson hotel employees balance federal statutes strike employer union relations arena carefully calibrated see nlrb drivers parties briefs illustrate creating federal tort cause action require host policy choices easily upset balance see brief respondent ibt reply brief petitioner thus surprise virtually courts appeals held federal courts authority create federal common law collective bargaining agreements section confined common law contracts source independent rights let alone tort rights section grant jurisdiction enforce contracts brazinski amoco petroleum additives see reason different result premature recognize federal common law tort granite rock requests case even assuming authorizes us reaching conclusion emphasize question us narrow one whether conduct granite rock challenges remediable whether augment claims already available granite rock creating new federal cause action decline mean approve ibt alleged actions granite rock describes course conduct indeed seem strike heart process federal labor laws designed protect record case demonstrates however new federal tort claim possible remedy conduct granite rock allegations prompted favorable judgments federal jury also nlrb proceedings predated district entered judgment granite rock cba formation nlrb concluded complete agreement reached july local ibt violated federal labor laws attempting delay cba ratification pending execution separate agreement favorable ibt see teamsters local applying remedial order conduct local ibt grounds ibt disaffiliate july proceedings proceedings remain conducted remand buttress conclusion granite rock case new federal cause action based assumptions adequacy avenues relief least questionable fully tested case thus efficacy simply us evaluate notably granite rock like ibt appeals assumes federal common law provides possible basis type tort claim wishes pursue see brief respondent ibt reply brief petitioner granite rock litigate thus present us occasion address whether state law might provide remedy see steelworkers rawson textron lycoming reciprocating engine avco automobile workers granite rock fully explore administrative causes action suggests insufficient remedy ibt conduct example far establishing agency alter ego claim ibt unsuccessful record case suggests might easier prove usual nlrb decision observes ibt local affiliated way relevant granite rock claims see teamsters local supra similarly neither party established board issue additional relief ibt ibt amici argue overlap granite rock claim ibt nlrb general counsel unfair labor practice complaint local brings play national labor relations act rule international union commits unfair labor practice causing affiliated local unions extraneous unit considerations collective bargaining process brief american federation labor et al quoting paperworkers local fact least one appeals recognized viability claim see kobell paperworkers union persuades us granite rock arguments justify recognition new federal tort claim reverse appeals judgment arbitrability parties dispute affirm judgment dismissing granite rock claims ibt extent claims depend creation new federal tort cause action remand case proceedings consistent opinion ordered granite rock company petitioner international brotherhood teamsters et al writ certiorari appeals ninth circuit june justice sotomayor justice stevens joins concurring part dissenting part join part iii opinion holds petitioner granite rock tortious interference claim respondent international brotherhood teamsters ibt cognizable labor management relations act lmra respectfully dissent however conclusion arbitration provision agreement cba granite rock ibt local cover parties dispute whether local breached cba clause judgment parties clearly agreed cba dispute resolved arbitrator legal principles govern case simpler exposition suggests arbitration agree matter contract party required submit arbitration dispute agreed submit steelworkers warrior gulf nav ordering parties arbitrate must therefore confirm parties agreement arbitrate agreement covers dispute see ante determining scope arbitration agreement presumption arbitrability sense order arbitrate particular grievance denied unless may said positive assurance arbitration clause susceptible interpretation covers asserted dispute doubts resolved favor coverage technologies communications workers quoting warrior see also john wiley sons livingston hen contract scrutinized evidence intention arbitrate particular kind dispute national labor policy requires within reason interpretation covers asserted dispute favored emphasis deleted internal quotation marks omitted application established precepts facts case strikes equally straightforward undisputed granite rock local executed cba december parties made cba retroactively effect ive may day expiration prior agreement app pet cert among things cba prohibited strikes lockouts cba authorized either party accordance certain grievance procedures refe arbitration disputes arising agreement except three specified classes disputes implicated granite rock claims local breached cba clause engaging work stoppage july local contests claim specifically contends duty abide clause july vote ratify cba august see parties disagreement whether clause proscribed july work stoppage plainly disput arising cba therefore subject arbitration local demands indeed parties dispute indistinguishable myriad disputes employer union might concerning interpretation application substantive provisions agreement precisely sorts controversies labor arbitrators called upon resolve every day majority seems agree cba arbitration provision generally encompasses disputes granite rock local regarding parties compliance terms cba including clause majority contends however local defense raises preliminary question contract formation must resolved rather arbitrator ante majority reasoning appears following local ratify cba august valid basis applying cba arbitration provision events occurred july ibid majority position flatly inconsistent language cba parties expressly chose make agreement effective may result date agreement ratified majority contends determine whether parties dispute permissibility july work stoppage falls within scope cba arbitration provision ante comes answering arbitrability question entirely irrelevant whether local ratified cba august contends july granite rock contends either case parties dispute postdates may clearly aris es cba arbitration provision requires make dispute referable arbitrator cf litton financial printing litton business systems nlrb recognizing agreement might drafted eliminate hiatus expiration old execution new agreement given cba express retroactivity majority errs treating local defense formation dispute subject judicial resolution ante defense simply goes merits granite rock claim local maintains clause construed apply july work stoppage ratified cba time action cf first options chicago kaplan distinguishing disagreement makes merits dispute disagreement arbitrability dispute accordingly defense necessarily matter arbitrator see arbitrator determine relative merits parties substantive interpretations agreement indeed emphatic courts business weighing merits grievance steelworkers american mfg judiciary undertakes determine merits grievance guise interpreting arbitration provisions collective bargaining agreements usurps function entrusted arbitration tribunal see also deciding whether parties agreed submit particular grievance arbitration rule potential merits underlying claims warrior judicial inquiry lmra must strictly confined question whether reluctant party agree arbitrate grievance view suspicion attempt persuade become entangled construction substantive provisions labor agreement attempting sidestep analysis majority declares local waived retroactivity argument failing courts challenge granite rock consistent characterization parties dispute one contract formation see ante result local omission district appeals proceeded understanding case presented formation question merits brief local attempted correct mistaken premise pointing parties execution december cba may effective date rules admonis counsel obligation point brief opposition certiorari later perceived misstatement made petition certiorari nonjurisdictional arguments raised time may deemed waived rule although regrettable inexcusable local present argument earlier see one ignore question presented case presupposes disputed whether binding contract exists brief petitioner instead undisputed parties executed binding contract december effective may scarcely pretend parties formation dispute consideration fact intelligent resolution question presented therefore included therein ohio robinette quoting vance terrazas rule indeed declining consider plain terms parties agreement majority offers little opinion advising law upon hypothetical state facts aetna life ins haworth view cba effective date hold parties agreed arbitrate dispute including local defense affirm judgment alternative ground cf dandridge williams prevailing party may course assert reviewing ground support judgment whether ground relied upon even considered trial footnotes deciding arbitration question case rely upon terms cba facts district record reviewing judgment affirming dismissal granite rock tort claims respondent international brotherhood teamsters ibt failure state claim rely facts alleged granite rock third amended complaint see northwestern bell telephone recognized federal claim breach cba lmra see textile workers lincoln mills cba ratification date important granite rock underlying suit strike damages district correctly concluded cba ratified july granite rock argue remand july work stoppage violated cba clause although union ratification vote always required provisions cba considered validly formed parties agree ratification predicate see app neither party argues arbitrator decide question need apply rule requiring evidence agreement arbitrate arbitrability first options chicago kaplan quoting technologies communications workers alterations omitted like appeals discuss precedents applying faa employ rules arbitrability govern labor cases see technologies supra indeed rule arbitration strictly matter consent thus courts must typically decide questions concerning formation scope arbitration agreement ordering parties comply cornerstone framework announced steelworkers trilogy deciding arbitrability disputes lmra cases see steelworkers american mfg steelworkers warrior gulf nav steelworkers enterprise wheel car see also mastrobuono shearson lehman hutton dean witter reynolds byrd scherk technologies supra warrior gulf supra moorman labor arbitration precedents apply rule hardly surprising noted see supra rule foundation arbitrability framework announced steelworkers trilogy local assertion warrior gulf suggests otherwise misplaced although warrior gulf contains language might isolation misconstrued establishing presumption labor disputes arbitrable whenever expressly excluded arbitration clause opinion elsewhere emphasizes even lmra cases courts must construe arbitration clauses party required submit arbitration dispute agreed submit applying rule finding dispute issue arbitrable determining parties arbitration clause construed standard principles contract interpretation cover use rules faa cases also unsurprising rules suggested statute section faa requires courts enforce valid enforceable arbitration agreements according terms provides pertinent part party invokes jurisdiction federal matter adjudicate presence arbitration clause shall hear parties direc parties proceed arbitration accordance terms agreement except making arbitration agreement failure neglect refusal perform issue case shall proceed summarily trial thereof parties dispute cba ratification date presents formation question sense therefore fours example formation disputes referenced buckeye check cashing cardegna concerned whether agreement arbitrate concluded said manner cba ratification date relates local arbitration demand makes dispute case one requires judicial resolution see infra conclusions significance cba ratification date specific arbitrability question us disturb general rule parties may agree arbitrate past disputes future disputes based past events reaching conclusion need decide whether every dispute cba ratification date require judicial resolution recognize ratification disputes labor cases may often qualify formation disputes contract law purposes contract law defines formation acceptance offer specified terms many labor cases ratification cba necessary satisfy formation requirement see app mere labeling dispute contract law purposes determines whether issue arbitrable test arbitrability remains whether parties consented arbitrate dispute question analysis pertains appeals decision engage retroactivity argument local raised merits brief address claim questionable local february references agreement effect obviously equivalent express retroactivity argument local asserts merits brief see brief respondent local pp justice sotomayor conclusion nonetheless excuse local waiver consider retroactivity argument see post opinion concurring part dissenting part flawed rule reflects fact adversarial system assigns sides responsibility framing issues case importance enforcing rule evident cases excusing party noncompliance require decide first instance question whose resolution affect cases manner district appeals opportunity consider parties arguments may fully address although parties concede general availability claim ibt dispute whether granite rock abandoned agency alter ego allegations course litigation compare brief respondent ibt reply brief petitioner granite rock concedes abandoned claim ibt acted local undisclosed principal orchestrating ratification response july cba see plaintiff granite rock memorandum points authorities opposition defendant ibt motion dismiss nd doc pp hereinafter points authorities granite rock insists preserved argument local served ibt agent alter ego local denied ratification engaged unauthorized strike activity july nothing record us unequivocally refutes assertion see app points authorities accordingly nothing opinion forecloses parties litigating claims remand ibt argues dismiss question improvidently granted granite rock abandoned tortious interference claim declared intention seek contractual opposed punitive damages claim see brief respondent ibt reject argument confuses granite rock decision forgo pursuit punitive damages claim decision abandon claim two synonymous ibt cites authority proposition granite rock must allege economic damages state claim relief granted although board federal jury reached different conclusions respect cba ratification date discrepancy little practical significance board remedial order local ibt gives retroactive effect terms cba july ratified date teamsters local footnotes question primarily decide opposed particular dispute law reverses presumption first options chicago kaplan words nless parties clearly unmistakably provide otherwise presumed courts arbitrators responsible resolving antecedent questions concerning scope arbitration agreement technologies communications workers majority correctly observes ante case implicate reversed presumption parties accept arbitrator resolve current disagreement whether underlying dispute arbitrable notably time executed cba december parties well aware disagreed legitimacy july work stoppage yet made cba retroactive may declined carve dispute arbitration provision despite expressly excluding three classes disputes arbitration cf steelworkers warrior gulf nav absence express provision excluding particular grievance arbitration think forceful evidence purpose exclude claim arbitration prevail