Statutory Rights and Arbitrator Authority: Labor Arbitration after Pyett III. How Much Power Does a Labor Arbitrator Have? What the Latest Court Decisions Mean for Arbitrators, Employers, Unions, and National Labor Policy

Ms. Gelernter questions whether the Court has conflated the public policy purpose of labor arbitration – achieving industrial peace – with the goal of commercial arbitration – the parties’ freedom to choose how they will resolve their contractual disputes. Ms. Gelernter furnishes a critical assessment of historical and recent court rulings and posits that Pyett represents may yield unintended consequences.