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Misco. Courts not authorized to reconsider the merits of an arbitration award parties’ bargained for arbitrator’s judgment and remedy (even if it is “wrong”) decision must be based on the CBK pref. for private resolution of labor disputes affirmation of Enterprise Wheel & Car

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Presentation Transcript
misco
Misco
  • Courts not authorized to reconsider the merits of an arbitration award
    • parties’ bargained for arbitrator’s judgment and remedy (even if it is “wrong”)
    • decision must be based on the CBK
    • pref. for private resolution of labor disputes
    • affirmation of Enterprise Wheel & Car
  • Public Policy Issues
    • likely that awards against public policy may be vacated
    • “public policy” must be based on legal precedents and decisions
    • no “general considerations of supposed public interest”
did arbitrator err
Did Arbitrator Err?
  • Rule allegedly violated
    • “bringing of intoxicants, narcotics, or controlled substances on to plant property or consuming any of them there, as well as reporting for work under the influence of such substances.”
    • Based on evidence available in January, did the employer prove that the grievant
      • brought intoxicants, etc. onto plant property?
      • consumed them on plant property?
      • reported to work under their influence?
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