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We note the State Patrol's argument that Henderson lacks standing to prosecute this appeal.
But while the original notice of appeal in this case was filed by Henderson, an amended notice of appeal was timely filed on behalf of Henderson and SLEBC.
The State Patrol does not contend, nor is there any basis in the record to conclude, that any of the statutory bases under the Uniform Arbitration Act for vacating an arbitration award are applicable in this case.
Instead, the issue in this appeal is whether the district court correctly determined that the arbitrator's award can be vacated, as the State Patrol contends, because reinstating Henderson to the State Patrol would be contrary to public policy.
Arbitration in Nebraska is governed by the Federal Arbitration Act if it arises from a contract involving interstate commerce In this case, there is no claim that the transaction involved interstate commerce, so Nebraska law applies.
We note, however, that because the applicable provisions of the Uniform Arbitration Act and the Federal Arbitration Act are similar, we look to federal case law explaining the scope of judicial review of arbitration awards.
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Therefore, in this case, we do not revisit the arbitrator's factual findings, interpretation of the CBA, or ultimate conclusion that the State Patrol violated the CBA in its termination of Henderson's employment.
Nor do we revisit the arbitrator's discussion of constitutional issues, although his conclusions on those issues are highly suspect.
STANDARD OF REVIEW In reviewing a district court's decision to vacate, modify, or confirm an arbitration award under Nebraska's Uniform Arbitration Act, an appellate court is obligated to reach a conclusion independent of the trial court's ruling as to questions of law.
However, the trial court's factual findings will not be set aside on appeal unless clearly erroneous.