In Canada, the findings of whether the agreement has been violated and the remedy therefore are separate, the latter determined by a board of arbitration.… Read More »Implementing remedies and retaining jurisdiction2. Retaining jurisdiction: (2) The U.S. perspective
Awarding no interest on back pay has been the rule; paying interest the exception. This article examines the rationale for each, and the growing trend… Read More »Interest awards on back pay: Strengthening make-whole remedies.
The article addresses whether monetary awards should be reduced by unemployment compensation received, or be increased for interest, attorneys’ fees and other payments expended. The… Read More »Monetary issues in labor arbitration awards: Management Perspective
Arbitrator Dunsford observes that there is no legal impediment to the arbitrator’s retention of jurisdiction with respect to remedies, and such retention, without time limit,… Read More »Should arbitrators retain jurisdiction over awards?On retaining jurisdiction
Professor Snow offers a theory for fashioning arbitration remedies in the face of contractual silence: reliance upon “gap-fillers,” (meaning norms embedded in arbitral jurisprudence, e.g.… Read More »Make-whole and statutory remedies:1. Informing the silent remedial gap
An examination of how to make an employee financially whole when the employee is displaced from the workplace without just cause, and cannot be put… Read More »Make-whole and statutory remedies:2. The displaced employee
The author advises employees to pursue statutory discrimination claims before arbitrating such claims as CBA violations, because the statutory remedy can yield more money than… Read More »Make-whole and statutory remedies:3. Union perspective
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:… Read More »The arbitrator’s remedial powers
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