Judge Reinhart assesses the criteria on which judges overturn, or refrain from overturning labor arbitrators’ decisions.

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 has resulted in courts straying into the interpretation of pertinent contract terms when considering challenges to the enforcement of an award. Although reviewing courts are …

Examination of (1) whether arbitration is especially vulnerable to pressure incompatible with fair and even-handed dispute resolution; (2) the appropriate role of courts in reviewing arbitration decisions; and (3) the proper role of the arbitrator vis-?-vis statutory or policy issues in interpreting the agreement. Particular emphasis on a critique of arbitration by Judge (and former …

Review of recent court decisions affecting collective bargaining agreements. Major subdivisions of report include individual employee rights under Section 301; actions cognizable under Section 301; determination of whether a contract exists; application of contracts to events predating or postdating the contract term; successor obligations; identity of the parties to the agreement; exhaustion of the grievance …

Professor Cox states the legal effects of the Lincoln Mills decision, and offers three assertions: 1) those involved in arbitration cannot ignore judicial decisions under section 301; 2) the construction of collective bargaining agreements is different from that of other contracts; and 3) Lincoln Mills will affect the respective roles of the court and the …

Unions view the arbitration process as an extension of the democratic principles to the industrial world; the agreed-upon substitute for strikes or economic warfare, in a forum that is simpler, more expeditious, more expert and more private that the courts. The CBA is not seen as an exclusive statement of all the rights and privileges …