REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS – In General

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When a union fails to fairly represent an employee in grievance processing, the employee is not entitled to make whole relief unless he or she would have prevailed had the union properly processed the grievance. (p. 8.) In such case, the typical remedy is an order that the union process the grievance or make whole relief if that process is not available or would be ineffectual. The latter remedy requires the employee prove in compliance proceedings that he or she would have prevailed on a properly process grievance. (p. 8, fn. 5.) Charging Party is bound by the ALJ’s conclusion that her requested grievance lacked merit because she did not except to it. With no basis for the Board to conclude that she would have prevailed on her requested grievance, she is not allowed monetary relief. (p. 8)