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The thesis of this article is that the appropriate judicial disposition of a DFR case – once the determination of breach of the duty of fair representation has been made…

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The authority of labor arbitrators to fashion and administer discovery procedures is now firmly established. The basic objective of arbitral discovery is to achieve full disclosure while avoiding the legal…

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Courts, arbitrators and OSHA problems: An overview

An examination into the intent of the Occupational Health and Safety Act. The author addresses the difficulties that arise with the introduction of new standards, and the contesting of citations…

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A review of the cases and papers that preceded and followed the Trilogy cases.

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The arbitrator’s remedial powers

An examination of arbitrators’ acceptance (or rejection) of evidence of post-discharge conduct and of later-acquired pre-discharge conduct. Arbitrator Nicolau applies a test of fair warning: If the evidence is revealed…

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