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- Title
Implications of Cornelius v. Nutt for Federal Sector Arbitrators.
- Authors
Fishgold, Herbert; Jacksteit, Mary E.
- Abstract
The article focuses on the effect of the U.S. Supreme Court case "Cornelius v. Nutt" on the arbitration process in the federal sector. In June 1985, the United States Supreme Court decided "Cornelius v. Nutt," a case involving federal sector employment arbitration. The issue presented to the Court was whether it was permissible for an arbitrator to apply a harmful-error standard different than that used by the Merit Systems Protection Board (MSPB) in a case falling within the dual jurisdiction of the negotiated grievance procedure and the statutory appeal process. The Court resolved the issue in favor of consistency, holding that the MSPB's standard was binding upon arbitrators. So, the authors, in particular, analyze the rationale and scope of the holding, the interpretations of the decision put forth by parties in federal sector cases, and the range of areas beyond the harmful-error rule where Merit Systems Protection Board law may constrain the authority and discretion of arbitrators.
- Subjects
UNITED States; CORNELIUS v. Nutt (Supreme Court case); UNITED States. Supreme Court; CIVIL service reform; LEGAL status of arbitrators; ARBITRATION &; award
- Publication
Arbitration Journal, 1988, Vol 43, Issue 1, p14
- ISSN
0003-7893
- Publication type
Article