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The author examines the public policy grounds on which courts vacate labor arbitrators’ awards.

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An examination of the various circumstances in which the provisions of Title VII overlap or conflict with provisions of a collective bargaining agreement. By citing various cases, the author emphasizes “the difficulties inherent in authorizing arbitrators to enforce Title VII.”

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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 …

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Ruminations about ideology, law, and labor arbitration

Examination of (1) whether arbitration is especially vulnerable to pressure incompatible with fair and even-handed dispute resolution; (2) the appropriate role of courts in reviewing arbitration decisions; and (3) the proper role of the arbitrator vis-?-vis statutory or policy issues in interpreting the agreement. Particular emphasis on a critique of arbitration by Judge (and former …

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