NAARB - Serving the U.S. and Canada Since 1947

Home » Archive

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 and generational trends for the future.

Read more

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 reinstatement was established as the appropriate remedy in the 1940’s; that today’s statutory and legal framework is much different; and that, where there is a …

Read more

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 steady flow of cases dealing with areas of statutory regulation of the workplace: wage and hour, safety and health, pension and welfare benefits, and equal …

Read more

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 the CBA. At the other extreme is the arbitrator as solely the “contract reader,” wherein only the remedy expressly or inferentially contained in the CBA …

Read more

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 agreement means, and that should also be the arbitrator’s sole function in fashioning the remedy. The primary authority implicitly granted to the arbitrator is to …

Read more

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 exists; application of contracts to events predating or postdating the contract term; successor obligations; identity of the parties to the agreement; exhaustion of the grievance …

Read more

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 of successors, effects of the Norris-LaGuardia Act, damages allowable under Section 301; exhaustion of remedies in actions by individual employees and by employers or unions; …

Read more

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.

Read more

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 legal power of the arbitrator to award remedies of either compensatory damages or injunctions.

Read more