State, Office of the State Auditor v. Minnesota Ass'n of Professional Employees

I respectfully dissent with regard to the part of this court’s opinion involving the public policy exception. Minnesota should recognize the public policy exception and expressly adopt the principle that some matters of public policy require vacating an arbitration award, even though the arbitrated issues are within the arbitrator’s authority to determine. See W.R. Grace & Co. v. Local Union 759, 461 U.S. 757, 766, 103 S.Ct. 2177, 2183, 76 L.Ed.2d 298 (1983) (“the question of public policy is ultimately one for resolution by the courts”); cf. Medcenters Health Care, Inc. v. Park Nicollet Med.…