Major League Baseball Players Assn. v. Garvey, 532 U.S. 504, 2 (2001) (per curiam)

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Cite as: 532 U. S. 504 (2001)

Per Curiam

When the judiciary weighs a particular claim's merits, it usurps a function entrusted to the arbitrator. As a rule a court must not foreclose further proceedings by settling the merits according to its own judgment of the appropriate result. It should simply vacate the award, leaving open the possibility of further proceedings if the agreement permits them. The Ninth Circuit recited these principles but erred in applying them. In Garvey I, it overturned the arbitrator's decision because it disagreed with his factual findings with respect to credibility, but even serious error on the arbitrator's part does not justify overturning his decision where, as here, he is construing a contract and acting within the scope of his authority, Misco, supra, at 38. And in Garvey II, the court resolved the dispute's merits based on its assessment of the record before the arbitrator, which it ordinarily cannot do, no matter how erroneous the arbitrator's decision, Misco, supra, at 40, n. 10. Even when the arbitrator's award may properly be vacated, the appropriate remedy is to remand the case for further arbitration proceedings. Certiorari granted; 243 F. 3d 547, reversed and remanded.

Per Curiam.

The Court of Appeals for the Ninth Circuit here rejected an arbitrator's factual findings and then resolved the merits of the parties' dispute instead of remanding the case for further arbitration proceedings. Because the court's determination conflicts with our cases limiting review of an arbitrator's award entered pursuant to an agreement between an employer and a labor organization and prescribing the appropriate remedy where vacation of the award is warranted, we grant the petition for a writ of certiorari and reverse. The motions for leave to file briefs amicus curiae of the National Academy of Arbitrators and the Office of the Commissioner of Baseball are granted.

In the late 1980's, petitioner Major League Baseball Players Association (Association) filed grievances against the Major League Baseball Clubs (Clubs), claiming the Clubs had colluded in the market for free-agent services after the 1985, 1986, and 1987 baseball seasons, in violation of the industry's collective-bargaining agreement. A free agent is a player who may contract with any Club, rather than one whose right to contract is restricted to a particular Club. In a

505

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