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Where is the New Enterprise Wheel? Judicial review of employment arbitration awards

The instances of court review of arbitration decisions is increasing notwithstanding that courts are extremely deferential to the awards. Michael LeRoy and Peter Feuille present an in-depth survey of the judicial criteria for vacatur, and include a listing of cases, a statistical analysis of those cases, and a state-by-state description of the laws of those …

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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 also against their union (the latter including DFR claims). Arbitrator Goldberg ruled against each grievant, and each grievant filed a motion to overturn the ruling …

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Just cause across industries: V. public sector

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

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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 made clear that its ruling would not apply to collective bargaining cases but Arbitrator Kagel advises that disclosure be made of prior services rendered as …

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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 followed the limited role of an arbitrator, rendering results which ultimately clashed with what the Illinois courts felt should be the more politically expedient result …

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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 results and the causes of vacatur, the authors conclude that most critics of judicial review of labor arbitration awards fail to give federal courts due …

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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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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 each, the common threshold issues of consent and substantive arbitrability, and the bases of judicial vacatur of each are discussed. The author proffers that a …

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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 that an individual’s waiver of judicial enforcement of a statutory claim is enforceable, as opposed to waiver of such rights by the union for its …

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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 that offend them, on the premises of “public policy” or failure to “draw its essence” from the CBA. Thus, there is no longer reason to …

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