NAA President Kagel warns of the increasingly legalistic environment for labor arbitration caused by the spill-over of practices from the courts and from private commercial dispute resolution (including employment disputes). And he offers advise as to what arbitrators can do to slow the trend.

Professor Grodin examines four U.S. Supreme Court decisions. The first deals with setting aside a labor arbitrator’s award that conflicts with “public policy”; the second with judicial authority to overrule a labor arbitrator’s finding of fact; the third with the authority of a court, under the Federal Arbitration Act, to hear an appeal, including a …

A history of judicial review of workplace arbitration, and a statistical survey of the rate of confirmation/vacatur of labor and employment arbitration awards. After an extensive analysis of the survey results and the causes of vacatur, the authors conclude that most critics of judicial review of labor arbitration awards fail to give federal courts due …