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…
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….
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…
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…
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 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…
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…