In the Gardner-Denver case, the Court held that a grievant had a right to a de novo suit in federal court even though he had previously resorted to grievance arbitration….
Judicial review of labor arbitration awards:The view from the bench
Fortunato P. Benavides, W. Eugene Davis, Calvin William Sharpe, Jacques L. Wiener Jr.
March 16, 1999 Proceedings Database
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 of rulings by the Fifth…
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…
Current challenges and recent developments in four industries 3. A case study of how the courts affect arbitrators and arbitration in the public sector:Illinois and the public policy exception
Edwin H. Benn, R. Theodore Clark, Jr., Gilbert Feldman, Jeanne M. Vonhof
January 16, 2005 Proceedings Database
Arbitrator Benn describes cases in which arbitration awards he issued in Illinois were vacated by the Courts. The reversals came because he strictly adhered to the parties’ negotiated language and…
Arbitrator Winograd examines the derivation and purposes served by the broad admissibility of evidentiary submissions in labor arbitrations, and subsequent assessment of reliability and weight made by the arbitrator. He…
The authors posit that the principal impediment to unions winning NLRB-supervised elections is not that strategic advantages of employers but employees’ preferences and views, and that greater success of unions…
Reports from the appointing agencies, including caseload statistics, time and costs; litigation; training and other services offered; and trends
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…
The author asserts that commercial arbitration under the Federal Arbitration Act, and labor arbitration under the Labor Management Relations Act are “in a state of substantial symmetry.” Federal preemption under…
Can an employee’s statutory rights be made the subject of a collectively bargained arbitration agreement? Relevant case law is examined. The author concludes that (except in the Fourth Circuit) when…