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The author presents the current thinking of arbitrators (52 respondents) on the conundrum of what to do when a CBA provision irreconcilably conflicts with external law. The alternatives are to uphold the agreement over the law, the law over the agreement, or the “middle ground”: permit conduct forbidden by law but not require it (i.e., …

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Professor Vetter notes the conclusions of Judges Harry Edwards and Frank Easterbrook that, post-Misco, public policy should be equated with illegality, but expresses reservations about that conclusion and its usefulness. He opines that post-Misco cases appear to ask whether the arbitration decision “unduly jeopardizes the interests of third persons, whose interests the decision make may …

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Professor Vetter notes the conclusions of Judges Harry Edwards and Frank Easterbrook that, post-Misco, public policy should be equated with illegality, but expresses reservations about that conclusion and its usefulness. He opines that post-Misco cases appear to ask whether the arbitration decision “unduly jeopardizes the interests of third persons, whose interests the decision make may …

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