A statistical examination of the effects of reinstatement on the employee’s behavior and the behavior of other employees, and its effects on the management-union relationship. Seniority and the terms of…

The author raises a number of back pay questions including how back pay should be computed; whether a discharged employee has a duty to seek other employment; whether certain deductions…

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 implications that help to preserve…

An evaluation, by advocates, of arbitrators’ performance in discharge and discipline cases, with emphasis on arbitrators’ definitions of just cause, the need for the appearance of fairness and for reasoned…

Prof. Feller agrees with Prof. St. Antoine, that the arbitrator is a “contract reader” and not a “contract enforcer.” The sole function of the arbitrator is to say what the…

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…

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…

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 America. Professor Rehmus observes that…

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 back into the same workplace….

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 of awarding interest….