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… Read More »The Canadian Railroad Trilogy
punitive damages
Canadian labor trends
In the Seneca College case, the Divisional Court ruled that the arbitrator has an obligation to consider all remedy, including aggravated and punitive damages, and… Read More »Canadian labor trends
Make-whole and statutory remedies:1. Informing the silent remedial gap
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
Changing values in the workplace and arbitration: Management perspective
Attorney Hautzinger sees a new era in employee involvement in operational decisions that runs counter to the National Labor Relations Act. He sees no “social… Read More »Changing values in the workplace and arbitration: Management perspective
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… Read More »Arbitration and relentless legalization in the workplace
Remedies in arbitration, the power of the arbitrator to make monetary awards
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.
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… Read More »Arbitrators and the remedy power