Memorandum 5/8/2000 - Guidance on Seeking Remedies for Unfair Labor Practices Under the Federal Service Labor-Management Relations Statute

May 8, 2000

MEMORANDUM

TO:                 Regional Directors

FROM:          Joe Swerdzewski, General Counsel

SUBJECT:   Guidance on Seeking Remedies for Unfair Labor Practices Under the Federal Service Labor-Management Relations Statute

This memorandum discusses the Office of the General Counsel policy on seeking remedies for unfair labor practices under the Federal Service Labor-Management Relations Statute (Statute). This memorandum provides guidance on the types of remedies and the elements of proof that are necessary to obtain those remedies. When determining, on behalf of the General Counsel, to issue an unfair labor practice complaint under the Statute, Regional Directors are required to make decisions on the remedy that will be sought in litigation. Regional Directors are guided by the decisions of the Members of the Federal Labor Relations Authority in determining the appropriate legal remedy for unfair labor practices. Obtaining these remedies from the Authority in litigation requires not only a finding that an unfair labor practice violation has occurred, but also a determination that the remedy sought is lawful and appropriate to the violation in the particular circumstances of the case. Thus, it is imperative that the Regions, and the parties, are aware of not only the variety of possible remedies, but also the type of evidence that is necessary to establish the appropriateness of these remedies.

This memorandum serves as guidance to the Regional Directors in investigating, settling and litigating unfair labor practice charges. It is also intended to assist parties in providing evidence and arguments concerning the appropriate remedy to an unfair labor practice charge. By understanding the types of remedies available and the evidence necessary to establish the appropriateness of those remedies, the Regions and the parties will be better suited to resolve unfair labor practice complaints and, if litigation is necessary, make cogent arguments based on relevant evidence as to the appropriateness of those remedies. The remedies set forth in this Guidance are illustrative of the remedies which may be sought by the Regions. The Regions will continue to pursue new and better remedies and continue to expand potential remedies available for violations of the Statute.

I am making this Guidance Memorandum available to the public to assist union officials and agency representatives to resolve unfair labor practice issues in an expeditious fashion consistent with the requirements of the Statute. This Guidance is a continuation of my Office's commitment to provide the participants in the Federal Service Labor-Management Relations Program with my views on significant topics. [*]  This Guidance reflects my views