McCabe v. Department of Registration & Education

How later courts describe this case

• finding that submission to final and binding arbitration was sufficient in and of itself to allow district court to enforce award where time has passed for compliance with award; enforcement action deemed to arise under section 9
• arbitration decision imposing duty to bargain vacated where contract clause limited subjects open to bargaining
• "where no potential disputed material fact exists, a summary judgment will not be disturbed even though the district court disregarded the procedure which should have been followed"
• "While we agree that the conversion of a 12(b)(6) motion into a summary judgment motion should be accompanied by prior notice, ... the failure to afford such procedure does not necessarily mandate reversal.” (emphasis in original)