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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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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…

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The arbitrator’s remedial powers

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…

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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…

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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…

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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…

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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…

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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….

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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….

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