The Canadian Railroad Trilogy
A history of the Canadian railroad industry, including the consolidation of its unions into the Teamsters, Autoworkers and Steelworkers and the affects of human rights… Read More »The Canadian Railroad Trilogy
damages
New roles for labor arbitrators. Part 2. Justice and the wrongfully terminated
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
Arbitration and relentless legalization in the workplace
An examination of the ways in which the tendency to legislate infiltrates the arbitration process. In addition to cases considering aspects of the National Labor… Read More »Arbitration and relentless legalization in the workplace
Remedies: New and old problems1. Remedies in arbitration: Old problems revisited
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… Read More »Remedies: New and old problems1. Remedies in arbitration: Old problems revisited
Remedies: New and old problems – Another view
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… Read More »Remedies: New and old problems – Another view
Arbitration and federal rights under collective agreements in 1967: Report of the Committee on Law and Legislation for 1967
Review of recent court decisions affecting collective bargaining agreements. Major subdivisions of report include individual employee rights under Section 301; actions cognizable under Section 301;… Read More »Arbitration and federal rights under collective agreements in 1967: Report of the Committee on Law and Legislation for 1967
Arbitration and federal rights under collective agreements: Report of the Committee on Law and Legislation for 1966
Review of recent court decisions affecting collective bargaining agreements. Major subdivisions of report include statute of limitations; actions cognizable under Section 301 of the LMRA;… Read More »Arbitration and federal rights under collective agreements: Report of the Committee on Law and Legislation for 1966
Remedies in arbitration, the power of the arbitrator to make monetary awards
A discussion of the limits on an arbitrator’s authority to fix damages, and of the methods of computing damages including compensatory, punitive and liquidated damages.
Arbitrators and the remedy power
An analysis of two areas of remedies: compensatory damages and injunctions. A discussion of the author’s view in the absence of a clear-cut answer by… Read More »Arbitrators and the remedy power