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Arbitration: toward a rebirth

The author discusses two recent Fifth Circuit Title VII cases that epitomize areas governed by statutory principles which might better be controlled by collective bargaining. In each case, an agreement produced by good-faith collective bargaining, and based upon a realistic appraisal of external law as it existed when the accord was reached, was required, as …

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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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