NCJ Number
94124
Date Published
1981
Length
356 pages
Annotation
This book discusses substantive issues concerning an arbitrator's authority to specify remedies once it is determined that the collective bargaining agreement has been violated.
Abstract
The following sources of remedial authority are examined: arbitration under common law, the U.S. Arbitration Act, the bargaining contract, and submission agreement. The guide then surveys remedies in discharge and disciplinary cases, notably reinstatement, removal from union office, and back pay. The authors explore the arbitrator's authority to convert a discharge to a lesser penalty and substantive problem areas in nondisciplinary cases. These include subcontracting, distribution of overtime, work assignments, scheduling of vacations, and promotion decisions. A case review of breach of no-strike clauses concludes that arbitrators exercise considerable discretion in awarding damages in this area. Other chapters consider injunctive-type relief in an award, remedies available for mistake, punitive remedies, and protective remedies such as sequestering witnesses or granting immunity. Arbitrators' practices regarding awarding interest, costs, and attorneys' fees are discussed. The final chapters address external law as a possible remedy, the effect of contract termination on the arbitrator's remedy power, and miscellaneous problem areas. The appendixes contain the Voluntary Labor Arbitration Rules of the American Arbitration Association, the Code of Professional Responsibility for Arbitrators of Labor Management Disputes, the U.S. Arbitration Act, the Uniform Arbitration Act, and tests applicable for learning whether an employer had just and proper cause for disciplining an employee Footnotes, a table of cases, and an index are supplied.