Synopsis By: Lurie - Proceeding Author: Andrew H. Baker

The author advises employees to pursue statutory discrimination claims before arbitrating such claims as CBA violations, because the statutory remedy can yield more money than the arbitration make-whole remedy. The author also notes that, while front pay can be an appropriate remedy, “absent an express request from the grievant, front pay in lieu of reinstatement – should be left to the employer, the union, and the grievant to work out among themselves.”