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…

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: If the evidence is revealed…

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. arbitration awards) and as indicated…

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 back into the same workplace….

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 the arbitration make-whole remedy. The…

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, serves the interests of the…

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 of awarding interest….

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 awarding of money in non-disciplinary…

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. The author examines the history…