Court review of arbitration
Article Abstract:
The labor arbitrators' decisions reviewable by the courts under Section 301 of the Taft Hartley Act include awards using a just cause standard to evaluate firings for rules violations specified as grounds for firing and awards allegedly unenforceable because they go against public policy. Those studying judicial review on both of these issues will be at a loss to discern a pattern in the decisions. This unpredictability goes against arbitration's goal of quick and final resolution of collective bargaining agreement disputes. Litigation to overturn arbitrators' awards continues to increase.
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 1992
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Judge Reinhardt's primer on labor arbitration: Stead Motors and public policy judicial review
Article Abstract:
Judge Stephen R. Reinhardt's Stead Motors decision provides a thorough treatment of labor arbitration and of the theory that judicial review should give deference to the conclusions reached by arbitrators. He argues that it is not up to the courts to free a party from its contractual duties just because these have become burdensome. As for the public policy exception to this rule of deference, he stresses that the arbitrator's act of giving the employee back his job must violate public policy rather than the employee's act constituting the violation.
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 1992
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Court review of arbitration: some practical observations
Article Abstract:
Industrial arbitration attempts to settle labor disputes quickly and inexpensively, and judicial review should only change arbitration awards in exceptional circumstances. A court cannot overturn an arbitration award if the arbitrator stayed within the labor contract in his decision. Reasons for court reversal of awards have included awards resulting from fraud, corruption or bias, ignoring the plain language of the contract and aberrant arbitration procedures.
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 1992
User Contributions:
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