Synopsis By: Marx - Proceeding Author: Gerald Aksen

This study reviews the 1974 Supreme Court decision – Alexander v. Gardner-Denver – and its effect on labor arbitration. The Court found that arbitral decisions in discrimination cases should be “accorded such weight as the court deems appropriate.” The author argues that Gardner-Denver “will not signal the demise” of arbitration, pointing out that 1) the decision includes the Court’s continued confidence in the arbitration process; 2) “legal notes and comments” since Gardner-Denver affirm the significant role for arbitration of discrimination disputes; and 3) post-Gardner-Denver court decisions indicate no lessening of acceptance of arbitration finality in other collective bargaining issues.