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Retaining Bargained-For Finality And Judicial Review In Labor Arbitration Decisions: Dual Interests Preserved In Major League Baseball Players Association V. Garvey - Major League Baseball Players Assn. V. Garvey, Emily J. Huitsing
Journal of Dispute Resolution
Arbitration has for years been the principal means of labor dispute resolution. As a part of labor contracts, workers agree to arbitrate disputes with their employers, bargaining for this forum as their choice method of dispute resolution. Occasionally, however, the decision of an arbitrator strays far from what a court believes the outcome of the dispute between employer and employee should be. In these cases, a conflict arises between the finality and stability of the bargained-for arbitrator's decision and the need for judicial upset of clearly errant arbitral decisions
Three Strikes & You're Out: The Supreme Court's Reaffirmation Of The Scope Of Judicial Review Of Arbitrators' Decisions, Bryan M. Kaemmerer
Three Strikes & You're Out: The Supreme Court's Reaffirmation Of The Scope Of Judicial Review Of Arbitrators' Decisions, Bryan M. Kaemmerer
Missouri Law Review
In Major League Baseball Players Association v. Garvey, the United States Supreme Court affirmed an arbitrator’s decision to deny a former major league baseball player recovery from a settlement fund established to compensate players who were damaged by collusion amongst team owners in the market for free agent baseball players. In so doing, the Supreme Court reversed the United States Court of Appeals for the Ninth Circuit and reaffirmed the principle the Court announced in United Steelworkers v. Enterprise Wheel & Car Corp., that judicial review of an arbitrator’s decision in the labor context is extremely limited. The Supreme Court’s …