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… Read More »What happens after the arbitrator’s award? I. Introduction
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… Read More »New roles for labor arbitrators. Part 2. Justice and the wrongfully terminated
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:… Read More »The arbitrator’s remedial powers
A review of research on the relationship – between seniority and job performance – after reinstatement in discharge cases. The arbitral rationale for treating seniority… Read More »New perspectives on old problems: Seniority and post-reinstatement performance
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… Read More »Remedies: New and old problems – Another view
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.… Read More »Ramifications of back-pay awards in suspension and discharge cases.1. Ramifications of back-pay awards in discharge case
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… Read More »Ramifications of back-pay awards in suspension and discharge cases.II. Ramifications of back pay in suspension and discharge cases
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… Read More »The arbitration of discharge cases: what happens after reinstatement.