Synopsis By: Nelson - Proceeding Author: Bernard D. Meltzer

Reiterates position previously taken that, where there appears to be an irrepressible conflict between a labor agreement and the law, the arbitrator typically should follow the agreement and ignore the law, leaving application of the law to courts and administrative agencies. The author rejects the Mittenthal formula (1968, p. 42) and suggests it runs contrary to the Cox formula on which it purportedly relies. Discusses risks from arbitrators’ reliance on law to decide grievances.