award. C. Past Practices The district court also ruled that Arbitrator Murphy failed to “arguably construe” the CBA because he “failed to look to past practices of the parties to interpret any ambiguity” of the CBA. The district court found that under “long-recognized practice, Smucker and the Union allowed employees who were bumped from their position by a more senior employee’s exercise of bumping rights to bump a less senior employee.” But the Sixth Circuit has held that past practices should not be used to interpret or give meaning to a provision or clause of an agreement that is clear and unambiguous. Beacon Journal Pub. Co. v. Akron Newspaper Guild, Local No. 7, 114 F.3d 596, 601 (6th Cir.1997); Int’l Union of Elec. Workers v. Hurd Corp., 7 Fed.Appx. 329, 335 (6th Cir.2001) (<HOLDING>). The plain language of Article 6, Section 2 of
holding that collective bargaining agreements cannot compel the arbitration of statutory rights holding that mandatory statutory pension funding requirements to be enforced notwithstanding any contrary provision of law trumped inconsistent terms of an act 111 collective bargaining agreement holding that where a collective bargaining agreements terms are clear but the management has engaged in contrary practice for a number of years the words of the agreement must be enforced holding that arbitration clauses as contractual agreements must be enforced to their terms holding that agreements other than fullfledged collective bargaining agreements may be contracts within the meaning of  301