An examination of court decisions (post-Misco ) in which arbitration decisions have been vacated on grounds other than “public policy.” Such grounds include contractual limits… Read More »Arbitration and the courts: Part 1. Erosion of the arbitration process by the courts: Can the award and opinion be immunized?
The author examines the disturbingly high percentage of FLRA reversals in cases where federal agencies appeal arbitration awards. Modifications and reversals fall primarily into two… Read More »FLRA review of arbitration awards
A review of public policy challenges since Misco and forecast of further judicial review of labor arbitration awards. The author notes that the litigation to… Read More »Life after Misco
Poorly crafted arbitration awards invite judicial attack and frustrate the objective of finality. The authors assert that a competent final and binding award must 1)… Read More »The arbitration process: 2. Arbitral craftsmanship and competence
Judge Reinhart assesses the criteria on which judges overturn, or refrain from overturning labor arbitrators’ decisions.
The author examines the public policy grounds on which courts vacate labor arbitrators’ awards.
The author predicts greater judicial encroachment on the sovereignty of labor arbitrators.
An examination of findings and recommendations made by state and federal courts since 1955 in matters of alleged misconduct by labor arbitrators. Allegations of arbitral… Read More »Judicial review: As arbitrators see it3. Judicial review of “misconduct” cases
A report of the Committee on Law and Legislation for 1971, National Academy of Arbitrators, with a focus on Section 301 actions under the Labor… Read More »Arbitration and federal rights under collective agreements in 1971
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… Read More »Ruminations about ideology, law, and labor arbitration