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Judicial review of labor arbitration awards:The view from the bench

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 Circuit Court of Appeals (since Misco) in which the Court has refused to enforce arbitrators’ decision based upon the “essence” standard. This is followed by …

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Judge Reinhart assesses the criteria on which judges overturn, or refrain from overturning labor arbitrators’ decisions.

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Mr. Katz, a lawyer representing employers, states “[It] is my own opinion that the apparent recent increase in successful judicial challenges to arbitration decisions and the reluctance of our Supreme Court to grant a greater role to arbitration in our federal labor statutory scheme stems primarily from the tendency of arbitrators to characterize themselves as …

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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 has resulted in courts straying into the interpretation of pertinent contract terms when considering challenges to the enforcement of an award. Although reviewing courts are …

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Reiterates position previously taken – that arbitrators are bound by the law. Rejects the Mittenthal formula (1968, p. 42). Cites arbitrators’ decisions on both sides of the debate. Discusses cases where courts have considered the merits of awards.

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Ruminations about ideology, law, and labor arbitration

Examination of (1) whether arbitration is especially vulnerable to pressure incompatible with fair and even-handed dispute resolution; (2) the appropriate role of courts in reviewing arbitration decisions; and (3) the proper role of the arbitrator vis-?-vis statutory or policy issues in interpreting the agreement. Particular emphasis on a critique of arbitration by Judge (and former …

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Discussion of the historical status of labor arbitration; evolution of the jurisdiction of arbitrators, the NLRB, and courts to interpret labor agreements; Supreme Court decisions and NLRB policies regarding NLRB interpretation of labor agreements; and the impact on finality of an award considering or ignoring statutes. Lengthy discussion of the junction of representation / work …

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The arbitrator and the NLRB: Workshop sessions: Workshop D

Edited transcript of one of four concurrent workshops on papers presented at pages 47 and 67

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Arbitration and federal rights under collective agreements: Report of the Committee on Law and Legislation for 1966

Review of recent court decisions affecting collective bargaining agreements. Major subdivisions of report include statute of limitations; actions cognizable under Section 301 of the LMRA; parties to the action, obligations of successors, effects of the Norris-LaGuardia Act, damages allowable under Section 301; exhaustion of remedies in actions by individual employees and by employers or unions; …

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Arbitration and rights under collective agreements: Report of the Committee on Law and Legislation for 1965

A discussion of recent judicial decisions affecting labor arbitration and collective bargaining agreements. Key areas: Procedural arbitrability; obligations of successor employers; substantive arbitrability; suits to compel or stay arbitration; arbitrator’s’ decision that a dispute is not arbitrable after a court determination of arbitrability; suits to confirm or vacate awards; individual breach of contract suits; other …

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