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… Read More »Where is the New Enterprise Wheel? Judicial review of employment arbitration awards
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… Read More »The state of external law’s effect on the arbitration process. 1. External law in arbitration: hard-boiled, soft-boiled, and sunny-side up.
The authors posit that arbitrators must not apply external law unless the parties have granted them the authority to do so, and that advocates should… Read More »The state of external law’s effect on the arbitration process. 2. The role of external law in arbitration and judicial review
An examination of the roles of arbitrators and the courts in interpreting and enforcing labor agreements. Bases on which courts have refused to enforce arbitrators’… Read More »Presidential address: Contract reading revisited
An examination of the judicial vacatur of arbitration decisions since the Steelworkers Trilogy, and the rationale for those court rulings. The article includes an appendix… Read More »Judicial review of labor arbitration awards:The view from the bench
Arbitrator Dunsford observes that there is no legal impediment to the arbitrator’s retention of jurisdiction with respect to remedies, and such retention, without time limit,… Read More »Should arbitrators retain jurisdiction over awards?On retaining jurisdiction
The principle of functus officio is examined. Arbitrator Nicolau advocates allowing an arbitrator to clarify or correct his/her decision at the request of a single… Read More »Should arbitrators retain jurisdiction over awards?O functus officio: Is it time to go?
A description of the various means by which statutory claims may be invoked in a labor arbitration. Arbitrator Bogue recommends methodologies that arbitrators might use… Read More »Melding external law with the collective bargaining agreement
A survey of Academy members, concerning the circumstances under which they will mitigate discipline based upon the denial of due process.
Professor Feller reviews three of his earlier papers. The first, “A General Theory of the Collective Bargaining Agreement,” advanced a theory of labor arbitration which,… Read More »Arbitration Classics. Part 1. Revisiting three “classics”