Compulsory Arbitration of Statutory Employment Disputes: Judicial Review Without Judicial Reformation

June
1999
Monica J. Washington

This Note examines recent appellate cases and the policy rationale supporting increased judicial scrutiny of an arbitral decision. It contends that judicial review of an arbitral decision in a statutory employment dispute should be more rigorous than either statutory or common law currently permits. It further maintains that when broader judicial review proceeds within a clearly articulated framework, it may foster increased recourse to arbitration by ensuring an impartial forum for the vindication of statutory rights.

This article appears in the June 1999 Issue: Volume 74, Number 3