Dear Editor:

Thank you for the thoughtful article on good faith and fair dealing. One of the great failures of 20th century jurisprudence was the choice of collective bargaining in preference, and there going to right, to equity, political and legislative coercion over legal and private remedy, in the settlement of employment contract disputes. As will become evident as more and more employers opt for mandatory arbitration in order to avoid or mitigate charges of discrimination pursuant to Federal law, there will emerge opportunity to resurrect good faith and fair dealing via suit for specific performance. For, as the progeny of Cin-mt City Stores v. Adams, 532 US 105, 121 S.Ct. 1302 (2001) demonstrate, the ratio decidendi in upholding such provisions in employee manuals and the like finally dispenses with "at will", a doctrine tortured into a stronghold for arbitrary and capricious behavior. The authors are correct. Good faith and fair dealing, as practiced in equity and not by strike, may still have its day in court.

Sincerely,

Gordon D. Payne, Esq.