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Where is the New Enterprise Wheel? Judicial review of employment arbitration awards

The instances of court review of arbitration decisions is increasing notwithstanding that courts are extremely deferential to the awards. Michael LeRoy and Peter Feuille present an in-depth survey of the judicial criteria for vacatur, and include a listing of cases, a statistical analysis of those cases, and a state-by-state description of the laws of those …

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The Union advocate discourages the admissibility of evidence that is not reliable, relevant and material, and recommends that arbitrators advise the parties why evidence is being admitted or not. The author distinguishes between the introduction of such evidence in discipline cases and contract cases, The management advocate, as well, urges that arbitrators not admit hearsay …

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Professor Dunlop describes the current and projected state of employment law disputes favoring alternative dispute resolution in lieu of litigation and administrative rulings. The Commission on the Future of Worker-Management Relations favors experimentation in the ADR of employment disputes. Regarding private arbitration, the Commission recommends 7 elements to ensure the effective protection of employees’ substantive …

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