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Life after Misco

A review of public policy challenges since Misco and forecast of further judicial review of labor arbitration awards. The author notes that the litigation to vacate arbitrators’ awards, even if unsuccessful, could have the effects of undermining labor arbitration finality and adding burdens to an already crowded court system.

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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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