Originally from Dispute Resolution Journal

The focus of this article is the effect of Cornelius v. Nutt on the arbitration process in the federal sector. In particular, the authors analyze the rationale and scope of the holding, the interpretations of the decision put forth by parties in federal sector cases and suggested by the Federal Circuit Court, and the range of areas beyond the harmful-error rule where Merit Systems Protection Board law may constrain the authority and discretion of arbitrators.