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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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The author offers several observations about disciplinary actions. He recommends (1) that factual uncertainty and doubt be considered a mitigating factor; (2) he observes that “corrective discipline,”” requires a balance, by management, between firmness and patience; and, (3) he draws a distinction between “”negative leadership”” and “”affirmative leadership”” when considering disciplinary action taken against Union …

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