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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…

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Judicial review: As the parties see it

Four advocates expound on the topic of judicial review of arbitration awards. Judges may defer to labor arbitration awards because they believe that any mistakes by the arbitrator pertain to…

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Consensus holds that arbitrators may rely upon federal law as an aide in contract interpretation, and may rest a decision on federal law when expressly contractually authorized to do so….

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The Code and post-award arbitral discretion

The authors consider the pros and cons of an arbitrator’s retention of jurisdiction. Arbitrator Rehmus reviews the evolution of the doctrine of functus officio, offers guidance on the process, and…

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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…

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Decisional thinkingWashington panel report

A survey of the pooled knowledge and experience of judges, advocates, and arbitrators regarding how decisions come into being and how they are shaped by the institutional framework within which…

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A review of the cases and papers that preceded and followed the Trilogy cases.

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In negotiating their CBA, the parties to a collective bargaining agreement select “their own brand of industrial justice.” The role of the arbitrator is to effectuate their intent. The author…

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The art of opinion writing

The attributes of a well-written arbitration decision are described.

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An analysis of the Supreme Court’s W. R. Grace & Co. decision and its implications for 1) the place of “public policy” in the enforcement of arbitration awards, 2) the…

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