City of Brooklyn Center v. Minnesota Teamsters Public & Law Enforcement Employees Union Local No. 320

TODD, Justice

(concurring specially).

I concur in the result. However, I would limit our holding. The parties by Article VII, paragraph 7.5(B), agreed that the arbitrator shall be without power to make decisions affecting rules or regulations. This is precisely what is before us. The courts, while supportive of the arbitration process, should not use vague general clauses to override specific provisions of an arbitration agreement.

The disposition I would prefer avoids surfacing the broad issues raised in attempting to resolve the import of Article IX. I express my reservations concerning agreements which seek to transfer the resolution of fundamental constitutional rights out of the court system where they have traditionally been resolved.