1 / 2

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

rowena
Download Presentation

Misco

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. 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”

  2. 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?

More Related