Kinder Morgan and United Steel signed a collective bargaining agreement (“CBA”), effective from April 14, 2008 through April 1, 2013, pursuant to which the parties resolved disputes through a three-step grievance procedure. Id. at ¶ 4; CBA Art. 10, Stip. of Facts Ex. J1. If they could not resolve their disputes through the internal grievance system, the Union was entitled to appeal the grievance to arbitration. CBA § 10.2.4. The arbitration provision of the CBA provided that the arbitrator will “have jurisdiction only over the interpretation or application of specifically identified provisions of the Agreement,” and that his decisions will be “final and binding.” Id. § 10.3.B. The CBA also provided that “[s]eniority and employment shall be lost” by “a lapse of (12) consecutive calendar months during which the employee performs no work for the Company” -Kinder Morgan v. United Steel, Paper, and Forestry Workers Union (2014)
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