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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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There has been legislation in Great Britain against unfair dismissals in operation since February 1972. The author explores workers rights in Britain (union and non-union) and the effects of 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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The authors posit that there has been a shift, from (a) Arbitrators’ deference to an employer’s imposition of discharge absent arbitrariness or abuse of discretion to (b) the de novo…

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Remedies, troubled employees, and the arbitrator’s role

The challenges confronting arbitrators in cases involving troubled employees, such as employees with chronic alcohol and drug issues. Remedies based on a traditional corrective discipline, a modified corrective discipline model,…

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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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Report of a study of 207 arbitration awards published in Labor Arbitration Reports from 1950-1955 in which discharged employees were reinstated. Management and labor officials involved in the cases were…

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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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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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