Remedies in Discipline Cases: I Impact of Delay in Determining Back Pay
Arbitrator Mittenthal examines alternative means of addressing the remedy when delay of the arbitration results in reinstatement after months of unemployment.
Arbitrator Mittenthal examines alternative means of addressing the remedy when delay of the arbitration results in reinstatement after months of unemployment.
Arbitrator Burke discusses the prevailing practice in Canada, of awarding damages rather than reinstatement when delay of the arbitration has resulted in protracted unemployment.
A statistical analysis of over 2,000 discipline and discharge arbitration decisions and the rationale given in those cases in which the discharge penalty was mitigated.… Read More »How and why labor arbitrators decide discipline and discharge cases. An empirical examination.
The participants describe the differences between the way discharge penalties are arrived at in the federal sector, and the way that arbitrators deal with them,… Read More »Just cause across industries: III. The federal sector
The authors posit that there has been a shift, from (a) Arbitrators’ deference to an employer’s imposition of discharge absent arbitrariness or abuse of discretion… Read More »Just cause: Working at the margins of just cause: Arbitral discretion on the discharge penalty
Awarding no interest on back pay has been the rule; paying interest the exception. This article examines the rationale for each, and the growing trend… Read More »Interest awards on back pay: Strengthening make-whole remedies.
An examination of how to make an employee financially whole when the employee is displaced from the workplace without just cause, and cannot be put… Read More »Make-whole and statutory remedies:2. The displaced employee
The payment of money damages, rather than reinstatement, is the prevailing remedy in non-union wrongful termination cases, and also in industrialized democracies other than North… Read More »New roles for labor arbitrators. Part 2. Justice and the wrongfully terminated
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:… Read More »The arbitrator’s remedial powers
Authors Mittenthal and Bloch examine how arbitrators, in performing their interpretive function, find implied obligations that are nowhere mentioned in the contract. Arbitrators embrace those… Read More »Arbitral implications: Hearing the sounds of silence