REMEDIES FOR UNFAIR PRACTICES; REMEDIES AGAINST UNION – In General

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Employees generally not entitled to both wages and/or benefits allegedly lost as a result of their representative’s breach of its duty of fair representation and to be excused from contributing dues or agency fees owed to the representative, as the latter is necessary for the organization to continue functioning as their exclusive representative. pp. 93-94. Under federal precedent, employees seeking to recover lost wages or benefits allegedly stemming from their representative’s misrepresentation or omission of material facts about negotiations in violation of the duty of fair representation must show that: (a) absent the material misrepresentations or omissions, the outcome of the ratification vote would have been different; and, that (b) had the membership rejected the tentative agreement, the employer would have agreed to the union’s demands to negotiate different terms more favorable to the complaining employees. Although representative violated its duty of fair representation by negotiating change to seniority rights without notice or opportunity for input from employees, to recover lost income or benefits, charging parties must show through competent evidence that the change in seniority rules was the proximate cause of any losses suffered, i.e., that job assignments were awarded on the basis of the altered seniority rules. p. 92.