This article addresses the fundamental issues of procedural fairness that must be considered in evaluating the labor arbitration process. The Supreme Court has given that process significant autonomy, even to decide disputes that may also constitute statutory violations. What then is the role of a court in these cases? The Supreme Court suggested that a court should give respect to arbitral awards if the process employed was fundamentally fair. This article articulates the elements needed within the labor arbitration process in order to meet the Court’s test.
Author retains copyright.
Roger I. Abrams
Michigan Law Review, Vol. 79, No. 2, pp. 231-264, December 1977.