The opinion
Reece, Presiding Judge,
concurring.
I would normally hold that the parties agreed to their contract, which provided for binding arbitration to resolve their dispute and, therefore, they must live with it. However, in this case Buie finds himself in a true “Catch 22.” He can’t go to binding arbitration because his union won’t pursue his grievance. He can’t appeal to the court because he hasn’t pursued arbitration. He’s left with no appeal. The majority opinion provides an appeal which Buie must still show has any merit.