Wash. Court of Appeals published opinion — D2 49631-3-II Published Order.pdf

Citation: Wash. Court of Appeals published opinion — D2 49631-3-II Published Order.pdf
Jurisdiction: Washington (state)
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arbitrator’s decision was “never reduced to a judgment” and it constitutes “hearsay.” Br. of

Appellant at 22-23. We disagree.

“Washington courts have repeatedly expressed judicial approval of the policy underlying

arbitration of disputes.” Godfrey v. Hartford Cas. Ins. Co., 142 Wn.2d 885, 891, 16 P.3d 617

(2001). “We afford great deference to the decisions of a labor arbitrator.” Yakima County v.

Yakima County Law Enf’t Officers Guild, 157 Wn. App. 304, 317, 237 P.3d 316 (2010). “Public

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49631-3-II

policy here in Washington strongly favors the finality of arbitration awards.” Yakima County, 157

Wn. App. at 317. The “arbitrator is the final judge of both the facts and the law.” Yakima County,

157 Wn. App. at 318. “‘Arbitration is attractive because it is a more expeditious and final

alternative to litigation.’” Godfrey, 142 Wn.2d at 892 (quoting Boyd v. Davis, 127 Wn.2d 256,

262, 897 P.2d 1239 (1995)).

“Courts will review an arbitration decision only in certain limited circumstances, such as

when an arbitrator has exceeded his or her legal authority.” Int’l Union of Operating Eng’rs, Local

286 v. Port of Seattle, 176 Wn.2d 712, 720, 295 P.3d 736 (2013) (Int’l Union, Local 286). “To do

otherwise would call into question the finality of arbitration decisions and undermine alternative

dispute resolution.” Int’l Union, Local 286, 176 Wn.2d at 720. “However, like any contract, an

arbitration decision arising out of a collective bargaining agreement can be vacated if it violates

public policy.” Int’l Union, Local 286, 176 Wn.2d at 721. Arbitrators are confined to the

interpretation and application of the CBA. Yakima County, 157 Wn. App. at 333.