In CITGO Asphalt Ref. Co. v. Paper, Allied-Indus., Chem., & Energy Workers Int'l Union Local No. 2-991, the Court of Appeals for the Third Circuit, while merely giving lip service to Supreme Court precedent, further contributes to the situation where many circuit courts insidiously refuse to follow the Supreme Court's prohibition against reaching the merits of a labor arbitrator's award. It would appear that only through renewed Supreme Court vigilance and clarity can this trend be impeded.
Jonathan R. Waldron,
Vacatur of Labor Arbitration Awards: Watering down the Supreme Court's Drawn from the Essence Precedent May Sound the Death Knell for Labor Arbitration ,
2005 J. Disp. Resol.
Available at: https://scholarship.law.missouri.edu/jdr/vol2005/iss2/12