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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 legislation. Prospects of current legal and generational trends for the future.

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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 may be required to deal with such civil court matters as defamation, slander, or libel.

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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 “in the expectations, customs and practices of particular industries.” Attorneys’ fees, punitive awards, front pay, and the payment of interest are discussed.

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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 contract” because he sees no consequence for the breach of such a contract. Attorney Hautzinger predicts a continuing decline in Unions and increase in arbitration of employment disputes.

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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 Relations Act, there is a steady flow of cases dealing with areas of statutory regulation of the workplace: wage and hour, safety and health, pension and welfare benefits, and equal …

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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.

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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 the courts as to the legal power of the arbitrator to award remedies of either compensatory damages or injunctions.

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