The Arbitrator as a Fiduciary Under the Employee Retirement Income Security Act of 1974: A Misguided Approach

Abstract:     
This Article examines the soundness of the view that a Taft-Hartley arbitrator is potentially a fiduciary under ERISA. The Article first briefly describes the fiduciary responsibility requirements of ERISA, and then examines the Department of Labor's position that an arbitrator may be a fiduciary under ERISA. Next, this Article raises several considerations that cast doubt on the Labor Department's view, and concludes that the arbitrator cannot be a fiduciary under ERISA and thus should not be subject to the risks of personal liability that inhere to a fiduciary.

Number of Pages in PDF File: 24

Keywords: arbitrators, fiduciaries, ERISA, personal liability

Accepted Paper Series