REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS – Expunging Employee Personnel Files

Single Topic for Decision 2440E

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Make-whole relief, including expungement of discipline, may be appropriate for an employee who has been disciplined for misconduct occurring as a result of an unlawful investigatory interview, where a representative may have prevented or at least mitigated the employee’s misconduct. Because employer’s written reprimand referenced both protected and unprotected conduct, rather than re-write the employer’s reprimand, the Board ordered rescission and expungement of the entire document.