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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…

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Arbitral implications: Hearing the sounds of silence

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…

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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…

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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…

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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…

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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…

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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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How and why labor arbitrators decide discipline and discharge cases. An empirical examination.

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. Concepts such as the quantum…

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Just cause across industries: III. The federal sector

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, as compared with private sector…

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Arbitrator Burke discusses the prevailing practice in Canada, of awarding damages rather than reinstatement when delay of the arbitration has resulted in protracted unemployment.

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