Cloquet Education Ass'n v. Independent School District No. 94 , 1984 Minn. LEXIS 1257 ( 1984 )

PETERSON, Justice

(concurring).

The parties have a collective bargaining agreement, one term of which provides that “out-of-class activities” shall be assigned “in accordance with past practice” and another term of which provides that a disagreement as to the interpretation or application of a term of the collective bargaining agreement shall be subject to a grievance procedure, including binding arbitration. The trial court undertook to make a determination as to the existence and effect of any past practice. That determination plainly is for an arbitrator, not the court, to make. It is as simple as that.

I concur in reversing the trial court and remanding with instructions to order the parties to proceed to arbitration.