�University of Rhode Island �25TH Annual Labor Arbitration Conference
Arbitrability & Statutory Interpretation
Susan E. Halperin, Attorney at Law
Arbitrator and Mediator
Member of the National Academy of Arbitrators
Dr. John W. Coverdale
Arbitrator, Mediator, Workplace Investigator
University of Rhode Island �25TH Annual Labor Arbitration Conference
Arbitrability & Statutory Interpretation
Today’s Topics
Discussion Cases on Arbitrability
1) The case of the surprise arbitrability challenge.
2) The case of the vanishing hours.
3) The case of que pasa when arbitrability is at issue.
Guiding Language On Arbitrability
From Steelworks v. Warrior & Gulf.,363 U.S. 574 (1960)
Of Steelworks Trilogy Fame
“In a suit under S.301(a),judicial inquiry must be strictly confined to the question the reluctant party did agree to arbitrate the grievance or to give the arbitrator power to make the award he made; an order to arbitrate the particular grievance should not be denied unless it may be said with positive assurance that the arbitration clause is not susceptible of an interpretation that covers the asserted dispute; and doubts should be resolved in favor of coverage.”
�University of Rhode Island �25TH Annual Labor Arbitration Conference
Arbitrability & Statutory Interpretation
Participant Questions
Susan E. Halperin, Attorney at Law
Arbitrator and Mediator
Member of the National Academy of Arbitrators
Dr. John W. Coverdale
Arbitrator, Mediator, Workplace Investigator