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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…

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This report highlights major efforts during 1985-1986 to resolve or ameliorate the effects of labor-management disputes in the public sector. Addresses statutory, judicial and administrative decisions relating to the arbitral…

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The author asserts that commercial arbitration under the Federal Arbitration Act, and labor arbitration under the Labor Management Relations Act are “in a state of substantial symmetry.” Federal preemption under…

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An examination of the roles of arbitrators and the courts in interpreting and enforcing labor agreements. Bases on which courts have refused to enforce arbitrators’ decisions are examined, and advice…

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Professor Grodin examines four U.S. Supreme Court decisions. The first deals with setting aside a labor arbitrator’s award that conflicts with “public policy”; the second with judicial authority to overrule…

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A history of judicial review of workplace arbitration, and a statistical survey of the rate of confirmation/vacatur of labor and employment arbitration awards. After an extensive analysis of the survey…

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The article addresses recent developments in judicial standards of review of arbitrators’ awards in Canada, and furnishes an update of the NAA involvement in a Canadian Supreme Court decision….

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A brief history of the arbitration of statutory claims arising under an employment relationship – employment arbitration – is given as background to the question: Is it socially desirable to…

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The authors posit that arbitrators must not apply external law unless the parties have granted them the authority to do so, and that advocates should be circumspect in investing the…

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Arbitrator Benn describes cases in which arbitration awards he issued in Illinois were vacated by the Courts. The reversals came because he strictly adhered to the parties’ negotiated language and…

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