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Michaels, a police officer with the Shelbyville Police Department, was dismissed for violating the city’s sexual harassment policy. Michaels and the union representing the police officers, file a grievance over the discharge, and ultimately submit the grievance to arbitration under the labor agreement covering the police officers. The arbitrator holds that Michaels had violated the sexual harassment policy, but, because of Michaels’ previously unblemished record, reduces the discharge to a suspension without pay for three months. The city objects to the arbitration award, and brings an action in federal district court to have the arbitrator’s decision overturned. What factors should the court consider in deciding this case? How should the court decide? Why?

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