Abstract

http://ssrn.com/abstract=1653506
 


 



The Fiftieth Anniversary of the Steelworkers Trilogy: Some Reflections on Judicial Review of Labor Arbitration Decisions - Will Gold Turn to Rust?


David L. Gregory


St. John's University - School of Law

Michael K. Zitelli


affiliation not provided to SSRN

Christina E. Papadopoulos


affiliation not provided to SSRN

July 21, 2010

St. John's Legal Studies Research Paper No. 1653506

Abstract:     
In 1960, in the landmark Steelworkers Trilogy, the United States Supreme Court enthusiastically endorsed arbitration of grievances in private sector labor management relations. As a means of efficient and effective dispute resolution, labor arbitration was perceived as far superior to external litigation in court; labor arbitration was, and is, quicker and less expensive than most litigation. Over the course of the past half-century, the Supreme Court has reiterated and reaffirmed the classic benchmark principles of judicial deference to labor arbitration that the Court unequivocally elucidated in the Trilogy. With increasing frequency, however, some activist judges on the lower federal courts are seemingly predisposed to vacate labor arbitration decisions simply because the judge does not like the particular substantive result of the particular labor arbitration decision. This propensity of some of the lower federal courts to set aside labor arbitration decisions reached its zenith (or nadir, depending on one’s perspective) in the Sixth Circuit in 2006. This essay examines the Sixth Circuit experience with some particularity, analyzing what that Circuit’s pre and post 2006 practical experience and jurisprudence may auger for the future of labor arbitration, and of Alternative Dispute Resolution more broadly, in this 50th anniversary year of the Steelworkers Trilogy.

Number of Pages in PDF File: 39

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Date posted: May 18, 2011 ; Last revised: June 13, 2011

Suggested Citation

Gregory, David L. and Zitelli, Michael K. and Papadopoulos, Christina E., The Fiftieth Anniversary of the Steelworkers Trilogy: Some Reflections on Judicial Review of Labor Arbitration Decisions - Will Gold Turn to Rust? (July 21, 2010). St. John's Legal Studies Research Paper No. 1653506. Available at SSRN: http://ssrn.com/abstract=1653506 or http://dx.doi.org/10.2139/ssrn.1653506

Contact Information

David L. Gregory (Contact Author)
St. John's University - School of Law ( email )
8000 Utopia Parkway
Jamaica, NY 11439
United States
Michael K. Zitelli
affiliation not provided to SSRN
Christina E. Papadopoulos
affiliation not provided to SSRN
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