Judicial review of labor arbitration awards:The view from the bench
March 16, 1999
An examination of the judicial vacatur of arbitration decisions since the Steelworkers Trilogy, and the rationale for those court rulings. The article includes an appendix of rulings by the Fifth Circuit Court of Appeals (since Misco) in which the Court has refused to enforce arbitrators’ decision based upon the “essence” standard. This is followed by a discussion among Fifth Circuit Judges W. Eugene Davis, Jacques L. Weiner Jr., and Fortunato P. Benavides. James Sherman moderates.