Recent Supreme Court decisions have re-examined the traditional judicial deference paid to the resolution of labor disputes by binding arbitration. Both Title VII and the danger of occupational safety hazards have raised the question of the finality of final arbitration. Emporium purportedly removed the hitherto inconsistent attitude toward arbitration in these settings by its extension of traditional deference to final arbitration of Title VII issues. Nonetheless, it did not resolve the procedural-substantive distinctions the Court created in its earlier cases. This article examines those distinctions and their implications for the arbitrator's position.
Christiane Hyde Citron,
Deferral of Employee Rights to Arbitration: An Evolving Dichotomy by the Burger Court,
27 Hastings L.J. 369
Available at: https://repository.uchastings.edu/hastings_law_journal/vol27/iss2/3