Synopsis By: Goldman - Proceeding Author: Irving Bernstein, Emanuel Stein

The author suggests that the parties may often be in a better position than the arbitrator to determine the appropriate remedy, and encourages remand. He views arbitration as being the most useful when it does not substitute for collective bargaining, and urges restraint in fashioning novel remedies: e.g., fines, injunctions, and punitive damages.The author defines “strict constructionist” and “broad constructionist,” and argues that the broad constructionist is better able to reconcile contract and equity.