by Mark Gisler | Sep 6, 2016 | Arbitration, Labor Law
On Labor Day Eve 2016, the New York Times published an editorial criticizing the role of police unions during the current era of police brutality. While NYT is right to call out recent egregious police behavior and there is something to be said for taking union...
by Jean Marc Favreau | Aug 31, 2016 | Arbitration, Labor Law, NLRB, Remedies
“From the earliest days of the [National Labor Relations] Act, a make-whole remedy for employees injured by unlawful conduct has been a fundamental element of the Board’s remedial approach.”
Goya Foods of Florida, 356 NLRB 1461, 1462 (2011)
by Mark Gisler | Dec 22, 2015 | Arbitration, Dispute Resolution, Employment Law
Good employment agreements have clear dispute resolution provisions. These provisions inform the parties about the process of adjudicating contractual disagreements. They should set specific and realistic expectations about what will happen if the dispute resolution...
by Jean Marc Favreau | Aug 5, 2011 | Arbitration, Labor Law, Remedies
In arbitration, advocates for suspended or discharged employees routinely argue for a “make whole” remedy, which includes back pay and restoration of benefits and seniority rights. The idea is that a worker should be put into the position he would have been in had the...
