Titan Tire Corporation (Titan) appeals the district court’s 2 оrder requiring Titan to submit two grievances filed by the United Steelworkers of America, AFL — CIO-CFL, Local 164 (the union) to binding arbitration. We affirm.
I.
On or about July 16, 1994, Titan purchased a manufacturing facility in Des Moines, Iowa, from the Pirelli Armstrong Tire Company (Pirelli). Titan recognized the uniоn as the exclusive representative of the plant’s employees for purposes of
A grievance shall be defined as a complaint, dispute or controversy in which it is claimed that [Titan] has failed to comply with an obligation assumed by it under the terms of this Agreement and which involves a dispute as to fact and/or questions conсerning the meaning, interpretations, scope or application of this Agreement or work rules.... In the event a disputе arises concerning an alleged violation of the terms of this Agreement which cannot be settled pursuant to the Grievance Procedure, the dispute shall be submitted to an arbitrator. ...
(Jt.App. at 27-28.)
On or about December 13, 1995, the union timely filed grievance # 1157 рrotesting the manner in which pension benefits are calculated under the employee benefits agreement, a separate agreement incorporated into the CBA On or about February 13, 1997, the union timely filed grievance # 1284 protesting a unilateral change in the copayment percentage of the group medical insurance plan. Titan denied both grievances. When Titan refused to submit the two grievances to arbitration, the union filed suit in district court to compel arbitration. The union filed a motion for summary judgment. At the hearing, noticed as a hearing on the resisted motion for summary judgment, the partiеs agreed to submit the case for a decision on the merits based on stipulated facts. The district court concluded that the two grievances concerned disputes of fact and/or the meaning, interpretation, or application of the CBA and, therefore, were arbitrable. The district court ordered Titan to promptly submit grievances # 1157 and # 1284 to binding arbitratiоn in accordance with the provisions of the collective bargaining agreement. Titan appeals.
II.
We reviеw the district court’s grant of summary judgment de novo.
See Teamsters Local Union No. 688 v. Industrial Wire Products, Inc.,
In deciding whether Titan and the union have agreed to submit the underlying disputes to arbitration, we must first consider whether a valid agreement to arbitrate exists.
See Keymer v. Management Recruiters Int’l, Inc.,
In this case, the parties do not dispute the existence of a valid agreеment to arbitrate. Rather, the parties disagree as to whether grievances # 1157 and # 1284 fall within the scope of that agrеement.
Titan argues the district court erred in requiring it to submit grievance # 1157 to arbitration because Pirelli was in charge of the аdministration of the pension plan between July 1994 and September 1996. Grievance # 1157, filed in December 1995, pertained to mattеrs that arose during the time in which 'Pirelli was in charge of calculating the plan’s pension benefits. Titan claims that this grievancе was not covered by the collective bargaining agreement because the grievance arose during Pirelli’s administration of the pension plan.
The issue here, however, is not who administered the pension plan but whether the pension рlan falls within the scope of the CBA between Titan and the union. Clearly it does. The dispute arose after
Titan next contends the district court erred in requiring it to submit grievance # 1284 to arbitration because the CBA does not prevent Titan from unilaterally changing the deductible 3 of the grоup health insurance plan. Titan argues that the provision in the CBA relating to insurance coverage does not contain any requirements of identity of the insurance provider or the amount of the deductible. Therefore, Titan claims that there is no dispute to be arbitrated.
Grievance # 1284 concerns a dispute over the meaning, interpretation, or aрplication of the provision in the CBA pertaining to health insurance coverage. It is the arbitrator’s duty to fill in the gaps of a collective bargaining agreement.
See United Steelworkers of Am. v. Warrior & Gulf Navigation Co.,
III.
Accordingly, we affirm the judgment of the distriсt court and direct the parties to proceed to arbitration posthaste.
