What is the test for judicial review of an arbitrator's decision in a dispute?

California, United States of America


The following excerpt is from Southern California Painters and Allied Trades District Council 36 v. Nissim, B160952 (Cal. App. 11/25/2003), B160952. (Cal. App. 2003):

Under federal substantive law, "[j]udicial scrutiny of an arbitrator's decision in a labor dispute is extremely limited. The arbitrator's factual determinations and legal conclusions generally receive deferential review as long as they derive their essence from" the terms of the labor contract. (Local No. 359 v. Arizona Mechanical & Stainless (9th Cir. 1988) 863 F.2d 647, 653.)

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