Sexual Harassment, Labor Arbitration and National Labor Policy

This article first reviews the general standards for court review of labor arbitration awards, including the current status of the law concerning review of awards on a public policy basis. The article will then identify the cases in which courts have struggled to balance the importance of upholding labor arbitration awards against a perceived conflict with the strong and acknowledged public policy against sexual harassment. These cases will then be used to demonstrate how a narrow review standard is most consistent with national labor policy and how reviewing courts may not always understand the labor arbitration process or appreciate the interests it protects. The article asserts that most perceptions of a "conflict" between the policies of arbitral finality and prevention of sexual harassment are flawed and that there is generally not a true conflict in policy even where the arbitrator directs reinstatement.

The article concludes with a recommendation for a narrow standard of review and with suggestions for advocates and arbitrators which should make it easier for a court to uphold an award.