And when parties agree to arbitration they agree to

Info icon This preview shows pages 38–40. Sign up to view the full content.

And when parties agree to arbitration, they agree to accept whatever reasonable uncertainties might arise from the process. Because the parties to a collective bargaining agreement have contracted to have disputes settled by an arbitrator chosen by them rather than by a judge, it is the arbitrator's view of the facts and the meaning of the contract that they have agreed to accept. Courts do not sit to hear claims of factual or legal error by an arbitrator as an appellate court does in reviewing decisions of lower courts. In other words, a court may not overrule an arbitrator’s decision simply because the court believes that its own interpretation of the contract, or the facts, would be the better one. Therefore, in this case, we do not revisit the arbitrator’s factual findings, interpretation of the CBA, or ultimate conclusion that the State Patrol violated the CBA in its termination of Henderson’s employment. Nor do we revisit the arbitrator's discussion of constitutional issues, although his conclusions on those issues are highly suspect. The State Patrol does not contend, nor is there any basis in the record to conclude, that any of the statutory bases under the Uniform Arbitration Act for vacating an arbitration award are applicable in this case. Instead, the issue in
Image of page 38

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

Spring 2017 LER 590-E: GOVERNMENT REGULATION II 39 | P a g e this appeal is whether the district court correctly determined that the arbitrator’s award can be vacated, as the State Patrol contends, because reinstating Henderson to the State Patrol would be contrary to public policy. In that regard, we note that the sole matter submitted to the arbitrator for disposition was, “Did the Nebraska State Patrol violate the [CBA] or its own operating procedures or policies when it disciplined the Grievant,... Henderson, on March 15, 2006? If so, what shall be the remedy?” The issue submitted for arbitration was consistent with the CBA, which defines a “grievance” subject to arbitration as “a claimed breach, misinterpretation, or misapplication of the terms of this Agreement.” The arguments of the parties, and the decision of the arbitrator, touch on constitutional issues. But we view those issues, in light of the scope of the CBA and arbitration agreement, to be subsumed in the question whether the CBA was violated—and thus in the question whether the remedy for that violation violates public policy. In other words, we do not view this case as presenting a civil rights claim and do not address what remedy, if any, might be appropriate for any alleged violation of Henderson’s constitutional rights. We note that compensatory damages might be available to a plaintiff injured by a breach of contract even when specific performance of the contract would violate public policy. But the only issue before the arbitrator in this case was the application of the CBA, and the only issue before this court is whether the arbitrator's remedy for violation of the CBA is enforceable.
Image of page 39
Image of page 40
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern