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Decided Sept. 11, 2009 Before Calabresi, Cabranes, and Hall, C.JJ. Appeal from a judgment of the United States District Court for the Western District of New York (Richard J. Arcara, Chief Judge) entered August 21, 2008 granting petitioners’ motion to stay arbitration in a dispute arising under a collective bargaining agreement. Because the underlying dispute between petitioners and respondent union is jurisdictional, and because the collective bargaining agreement at issue expressly provides that jurisdictional disputes are not subject to arbitration, we hold that the underlying dispute is not arbitrable. We also hold that the District Court properly determined that it, and not an arbitrator, should determine whether the underlying dispute was arbitrable.

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