Synopsis By: Lurie - Proceeding Author: Anthony V. Sinicropi

Some arbitrators equate their remedy power with that of a court dealing with a suit for breach of contract, and award actual damages, restitution, and equitable remedies, unless proscribed by the CBA. At the other extreme is the arbitrator as solely the “contract reader,” wherein only the remedy expressly or inferentially contained in the CBA may issue. Sinicropi states that “The majority view… is probably somewhere between [these two] .” The author, drawing from an extensive survey of arbitration and court decisions, discusses remedy in disciplinary and non-disciplinary cases and in employer’s claims for damages, and the factors used in determining damages. Sinicropi concludes, “[An] arbitrator’s powers with respect to remedies are plenary, provided they are not unfaithful to the agreement.”