(concurring specially).
I concur in the result reached by the majority; however, I do not agree that an arbitrator may never have the authority to decide constitutional issues. An arbitrator’s authority to decide any type of grievance should depend on the scope of the arbitration agreement. If the parties indicate a clear intent to arbitrate disputes of a constitutional dimension, such matters should be determined by an arbitrator. As this *443court stated in Atcas v. Credit Clearing Corp. of America, 292 Minn. 334, 197 N.W.2d 448 (1972):
(1) If the parties evinced a clear intent to arbitrate a controversy arising out of specific provisions of the contract, the matter is for the arbitrators to determine and not the court. (2) If the intention of the parties is reasonably debatable as to the scope of the arbitration clause, the issue of arbitrability is to be initially determined by the arbitrators subject to the rights of either party reserved under Minn.St. 572.19, subd. 1(3, 5). (3) If no agreement to arbitrate exists, either in fact or because the controversy sought to be arbitrated is not within the scope of the arbitration clause of the contract, the court may interfere and protect a party from being compelled to arbitrate (§ 572.-09[a, b]).
Id. at 341, 197 N.W.2d at 452.
When the state is a party to a labor contract, grievances are often raised as constitutional issues. To hold that arbitrators may never consider such issues would circumvent the public policy which favors arbitration and the speedy resolution of disputes without initial resort to litigation. See Layne-Minnesota Co. v. Regents of University of Minnesota, 266 Minn. 284, 123 N.W.2d 371 (1963).
For this reason arbitrators should have authority to decide constitutional issues if the parties indicate such an intent, consistent with our holding in Atcas, supra. See also City of Brooklyn Center v. Minnesota Teamsters Public & Law Enforcement Employees Union Local No. 320, 271 N.W.2d 315 (Minn.1978).