Judge Easterbrook examines the authority of the arbitrator to reinstate employees where statutory public policy issues pertain. He reiterates the principle that, where third-party consequences do not preclude the employer from retaining an employee, they do not preclude the arbitrator from doing so. Attorney Richard Gear then gives management’s perspective, that the “public policy exception” encompasses a broader standard; he cites several judicial decisions overturning arbitrator’s reinstatement decisions where the public policy invoked was based on less than explicit positive law. The Union perspective is given by David M. Silverman, who concurs with Judge Easterbrook’s view.