Originally from Dispute Resolution Journal

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Arbitrability in the Public Sector
Every arbitrator is familiar with the distinction between "interests" and "rights" arbitration; as well as those distinctions between threshold questions and questions on the merits of a grievance. It is the general rule that the merit of a complaint is for the arbitrator,and not for the courts to decide, since otherwise the public policy prescribing arbitration is undermined. There is at least in theory a further division of labor between the courts and the arbitrators as to threshold questions. Substantive threshold questions are for the courts to decide, reflecting the principle of contract law that it is for a court to determine whether there if a contract, i.e., whether a contract exists under which to arbitrate. In practice, arbitrators do decide substantive threshold questions, and may even be empowered by parties to a collective bargaining agreement to do so, either ex-