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What happens after the arbitrator’s award? I. Introduction

A survey of HR managers and labor relations personnel indicated that 86% of the employees who were reinstated after discharge were still employed, and had not engaged in recidivism. The majority had improved disciplinary records after reinstatement. Duty of fair representation (DFR) cases were brought in less than 1% of the 1,300 cases. Five percent …

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The payment of money damages, rather than reinstatement, is the prevailing remedy in non-union wrongful termination cases, and also in industrialized democracies other than North America. Professor Rehmus observes that reinstatement was established as the appropriate remedy in the 1940’s; that today’s statutory and legal framework is much different; and that, where there is a …

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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 when discovered, and in sufficient time for the Union to prepare a defense, the employer is entitled to present it and the arbitrator is obligated …

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A review of research on the relationship – between seniority and job performance – after reinstatement in discharge cases. The arbitral rationale for treating seniority as a mitigating factor in discharge cases is examined.

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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 the CBA. At the other extreme is the arbitrator as solely the “contract reader,” wherein only the remedy expressly or inferentially contained in the CBA …

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A statistical examination of the effects of reinstatement on the employee’s behavior and the behavior of other employees, and its effects on the management-union relationship. Seniority and the terms of reinstatement are found to affect whether an employee returns to work. There is little evidence that reinstatement results in a deterioration of the performance of …

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The author raises a number of back pay questions including how back pay should be computed; whether a discharged employee has a duty to seek other employment; whether certain deductions such as unemployment compensation should be made; and where the line should be drawn between reinstating employees who should be awarded back pay from those …

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Report of a study of 207 arbitration awards published in Labor Arbitration Reports from 1950-1955 in which discharged employees were reinstated. Management and labor officials involved in the cases were surveyed. Statistical appendices are provided. Arbitrator Wolff suggests that employees who do not wish reinstatement may, instead, grieve for damages.

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