Professor Cox states the legal effects of the Lincoln Mills decision, and offers three assertions: 1) those involved in arbitration cannot ignore judicial decisions under section 301; 2) the construction…

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…

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…

Labor and management advocates describe the attributes they seek in an arbitrator, the conduct of the hearing, the handling of evidence, closing statements, mediation, decision-writing and remedies.

An introduction to two articles about remedies in arbitration awards. Arbitrator Fleischli observes that the parties often fail to sufficiently address the subject of remedy….

The principle of functus officio is examined. Arbitrator Nicolau advocates allowing an arbitrator to clarify or correct his/her decision at the request of a single party, in order to carry…

Arbitrator Dunsford observes that there is no legal impediment to the arbitrator’s retention of jurisdiction with respect to remedies, and such retention, without time limit, serves the interests of the…

The author views many pre-hearing motions by management counsel as attempts to control the hearing or its outcome, or to support its subsequent appeal. He concludes that the best way…

The author discusses how he, as a management attorney, likes to have four factors addressed prior to the hearing: 1. discovery, 2. issue framing including remedy, 3. joinder or exclusion…

The author advises employees to pursue statutory discrimination claims before arbitrating such claims as CBA violations, because the statutory remedy can yield more money than the arbitration make-whole remedy. The…