The authors consider the pros and cons of an arbitrator’s retention of jurisdiction. Arbitrator Rehmus reviews the evolution of the doctrine of functus officio, offers guidance on the process, and…
Enterprise Wheel permits judicial scrutiny of labor arbitration awards to determine whether an award draws its essence from the collective bargaining agreement. The imprecision of that standard of judicial review…
Commenting on the interrelation of the arbitration award and external law, Morris contends that specific federal labor laws provide a framework within which contracts are to be construed and enforced….
A discussion of the limits on an arbitrator’s authority to fix damages, and of the methods of computing damages including compensatory, punitive and liquidated damages….
A review of 15 years under Section 301 of the Taft-Hartley Act. The review examines: the extent and character of the litigation initiated under Section 301; some of the jurisdictional…
A discussion of the problems of “arbitrability” as it applies to the domain of the arbitrator and as distinguished from that of the courts. Challenges to jurisdiction or authority despite…
Where is the New Enterprise Wheel? Judicial review of employment arbitration awards
Peter Feuille, Judith Droz Keyes, Michael H. LeRoy, Robert J. Rabin, Sharon R. Vinick
January 16, 2007 Proceedings Database
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…