An examination of how to make an employee financially whole when the employee is displaced from the workplace without just cause, and cannot be put back into the same workplace….

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…

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…

A summary of court decisions and opinions that serve as instructive touchstones on topics that overlap with grievances submitted to arbitration.

Excerpts from workshops on procedural rulings. The subjects include 1) third-party participation; 2) “due process” protections; 3) subpoenas; 4) absence of grievant or key witness; 5) witnesses from the opposing…

Mr. Katz, a lawyer representing employers, states “[It] is my own opinion that the apparent recent increase in successful judicial challenges to arbitration decisions and the reluctance of our Supreme…

Prof. Feller agrees with Prof. St. Antoine, that the arbitrator is a “contract reader” and not a “contract enforcer.” The sole function of the arbitrator is to say what the…

The author suggests that the parties may often be in a better position than the arbitrator to determine the appropriate remedy, and encourages remand. He views arbitration as being the…

An evaluation, by advocates, of arbitrators’ performance in discharge and discipline cases, with emphasis on arbitrators’ definitions of just cause, the need for the appearance of fairness and for reasoned…

The challenges confronting arbitrators in cases involving troubled employees, such as employees with chronic alcohol and drug issues. Remedies based on a traditional corrective discipline, a modified corrective discipline model,…