This article will examine the role of the Trilogy principles, including the public policy exception, in judicial enforcement of arbitration agreements in the public sector. First the article will review the applicable law in the private sector regarding judicial arbitration enforcement. Then, the article will discuss the role of the courts in public sector arbitration, concluding that while courts frequently pay lip service to the Trilogy principles, in reality they often fail to apply them. Finally, the article will analyze the arguments for and against application of the deferential Trilogy standards in the public sector in light of the distinctive characteristics of public sector labor relations, and make a recommendation as to the appropriate scope of judicial involvement in public sector arbitration.
Ann C. Hodges, The Steelworkers Trilogy in the Public Sector, 66 Chi.-Kent L. Rev. 631 (1990).