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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…

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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….

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Professor Feller observes that courts, enforcing the arbitration provisions of both commercial and labor agreements, will rarely set aside a commercial award. However, courts will set aside labor arbitration awards…

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An examination of court decisions (post-Misco ) in which arbitration decisions have been vacated on grounds other than “public policy.” Such grounds include contractual limits on the arbitrator’s authority, the…

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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’ decisions are examined, and advice…

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