Private justice and public policy: Whose voice prevails in arbitration?

Data and findings on federal court review of arbitration awards from 1990-2000 are presented. In the arena of voluntary labor arbitration awards, the results replicate findings of earlier research for the period 1960-1990. District court enforcement is approximately 70 percent, and only slightly lower for appellate courts (66 percent). Results for individual employment awards show a higher rate of enforcement, about 84 percent for district and circuit courts. This discrepancy may be explained by the fact that the grounds for reviewing employment awards are usually governed by the Federal Arbitration Act and not the Steelworkers Trilogy. Although a higher percentage of these awards are enforced, there is evidence that courts are moving in the direction of the labor arbitration model by exercising closer review of arbitrator rulings.