This decision holds that the US Supreme Court’s later decision in Granite Rock Co. v. Int’l Bhd. Of Teamsters (2010) 561 U.S. 287, which expressly rejected the notion that labor arbitration disputes should be analyzed differently than commercial arbitration disputes undermined the reasoning of both Pacesetter Construction Co. v. Carpenters 46 Northern California Counties Conference Bd. (9th Cir. 1997) 116 F.3d 436 and United Bhd. Of Carpenters & Joiners of Am., Local No. 1780 v. Desert Palace, Inc. (9th Cir. 1996) 94 F.3d 1308. Accordingly, in determining whether the parties to a collective bargaining agreement agreed to delegate arbitrability decisions to the arbitrator, the district court should apply the same test applied to commercial arbitration agreements–that is the “clear and unmistakable evidence test set forth in First Options of Chicago, Inc. v. Kaplan (1995) 514 U.S. 1040.