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Arbitration, contract, and public policy

Judge Easterbrook examines the authority of the arbitrator to reinstate employees where statutory public policy issues pertain. He reiterates the principle that, where third-party consequences do not preclude the employer from retaining an employee, they do not preclude the arbitrator from doing so. Attorney Richard Gear then gives management’s perspective, that the “public policy exception” …

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President Anderson provides a brief historical survey of labor arbitration in the United States, both grievance and interest, and cautions arbitrators to discharge so as not to overlook or ignore the material facts, or the contract, or the applicable law, and to perform their work carefully, correctly and ethically.

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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. He opines that post-Misco cases appear to ask whether the arbitration decision “unduly jeopardizes the interests of third persons, whose interests the decision make may …

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Attorney Gottesman observes a resistance in the lower federal courts to accept principles that the Supreme Court enunciated in Misco, the lower courts expansively applying the limited exceptions to the general enforceability of awards. He opines that exceptions to enforcement have become loopholes that should be made as narrow as possible. “Only bribery of the …

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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. He opines that post-Misco cases appear to ask whether the arbitration decision “unduly jeopardizes the interests of third persons, whose interests the decision make may …

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