Synopsis By: Lurie - Proceeding Author: David E. Feller

Prof. Feller agrees with Prof. St. Antoine, that the arbitrator is a “contract reader” and not a “contract enforcer.” The sole function of the arbitrator is to say what the agreement means, and that should also be the arbitrator’s sole function in fashioning the remedy. The primary authority implicitly granted to the arbitrator is to award specific performance of the provisions of the CBA, limited to the payment of sums calculated under the CBA (and not by measures external to it, except for the deduction of outside earnings). Arbitrators are not courts and do not have the power – unless they are expressly given it – to see that justice and equity are done.