REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS – Back Pay; Interest

Single Topic for Decision 2532C

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Back pay was not the appropriate remedy where an employee was denied her right to union representation in an interactive process meeting convened to discuss the employee’s request for a reasonable accommodation of her disability. The employee was no longer able to perform the duties of her previous position, there was no evidence that employer did not provide her with a reasonable accommodation, and the employer had acted in conformance with a settled rule that the Board later overturned.