Last Chance Agreements: How Many Chances Is an Employee Entitled To

Authors

Kathleen Birkhofer

Abstract

Over the years, a large number of cases involving labor issues have gone to arbitration. Of these labor cases, a distinct sub-category are those governed by the Railway Labor Act (RLA). In labor cases, including those governed by the RLA, the Supreme Court has repeatedly reaffirmed the strong federal policy in favor of arbitration. Furthermore, courts have consistently held that great deference must be shown toward the arbitrator when reviewing an arbitration award. However, there are still issues that arise as to just how much deference should be afforded to an arbitrator's decision and when a court can overturn an arbitration award. In Continental, the Fifth Circuit addresses both of these issues.

Recommended Citation

Kathleen Birkhofer, Last Chance Agreements: How Many Chances Is an Employee Entitled To, 2005 J. Disp. Resol. (2005)
Available at: https://scholarship.law.missouri.edu/jdr/vol2005/iss2/7