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’…

Professor Feller observes that courts, enforcing the arbitration provisions of both commercial and labor agreements, will rarely set aside a commercial award. However, courts will set aside labor arbitration awards…

The panelists discuss just cause in public sector (non-federal).

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…

Applying, literally, a state statutory definition of bias based upon nondisclosure, the California appellate court vacated an award by Arbitrator Kagel, even though no actual bias was shown. The Court…

Arbitrator Goldberg accepted appointment as an arbitrator of two police discharge cases, each of which had a voluminous history of acrimony and litigiousness by the grievants against their employer, and…

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…

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…

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…

The author explains why he deems it advisable for management to encourage submission of ADA claims to arbitration. He notes the relevance of Gilmer (in which the Supreme Court ruled…