REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS – Attorneys Fees and Costs

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In duty of fair representation cases, employees are only entitled to an award of back pay or other damages where they can show that the union’s breach was the actual or proximate cause of their injuries. It is incumbent upon the charging party to put evidence of causation into the record during PERB’s hearing process. (p. 4.)