Escalated Remedy for Violations

When is an escalated or escalating monetary award an appropriate remedy?

An escalated or escalating monetary award becomes an appropriate remedy in situations where additional remedies are needed to ensure future compliance with the contract, especially when there's a documented history of repetitive violations by management. The concept of additional compensatory remedies is not to punish management but to ensure adherence to the National Agreement and previous grievance settlements. The goal is to prevent continuous violations by making it clear to management that breaches of the contract will result in significant consequences. The success of obtaining such remedies in arbitration relies on demonstrating that the violations were deliberate, repeated, or egregious. Support for additional compensatory remedies in such situations can be found in both the JCAM and national-level arbitration awards【15†source】.