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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 the courts as to the…

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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….

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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; parties to the action, obligations…

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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; determination of whether a contract…

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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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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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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 Relations Act, there is a…

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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…

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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 legislation. Prospects of current legal…

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