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

January 16, 2011


Proceeding Authors:
Lise Gelernter
 

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.


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