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Labor Contract And External Law: Revisiting The Arbitrator's Scope Of Authority, The, Stephen L. Hayford, Anthony V. Sinicropi

Journal of Dispute Resolution

This article examines the impact of Misco and the attendant body of case law emerging from the U.S. circuit courts of appeals on the labor arbitration process. The ultimate goal of this study is to ascertain whether the public policy exception warrants a rethinking of traditional views of the relationship between collective bargaining agreements and external law, and the manner in which labor arbitrators should juxtapose the two in resolving contractual disputes. The Authors assert that it does.