Opinion
Docket No. 106282.
Decided June 17, 1988. Leave to appeal applied for.
MacLean, Seaman, Laing Guilford (by Charles R. MacLean), and Vedder, Price, Kaufman Kammholz (by Robert C. Claus, Paul L. Gleeson, and Bruce R. Alper), of Counsel, for plaintiff.
White, Beekman, Przybylowicz, Schneider Baird, P.C. (by James A. White), for defendant.
Before: KELLY, P.J., and SULLIVAN and SAWYER, JJ.
ON REMAND
This matter was remanded from the Supreme Court to the Court of Appeals for consideration in light of United Paperworkers International Union, AFL-CIO v Misco, Inc, 484 US ___; 108 S Ct 364; 98 L Ed 2d 286, 302 (1988). As stated by Justice White:
In [ W R Grace Co v Rubber Workers], we recognized that "a court may not enforce a collective-bargaining agreement that is contrary to public policy," and stated that "the question of public policy is ultimately one for resolution by the courts." [ 461 U.S. 757, 766; 103 S Ct 2177; 76 L Ed 2d 298 (1983).] We cautioned, however, that a court's refusal to enforce an arbitrator's interpretation of such contracts is limited to situations where the contract as interpreted would violate "some explicit public policy" that is "well defined and dominant, and is to be ascertained `by reference to the laws and legal precedents and not from general considerations of supposed public interests.'" [Emphasis in original.]
After reviewing this case in light of United Paperworkers, we reaffirm our prior holding.