PART II - OFFICE OF THE GENERAL COUNSEL REMEDY POLICY

 Q. #1:     What is the OGC Remedy Policy?

The OGC seeks traditional and nontraditional remedies that:

  • Recreate the conditions and relationships that would have been had there been no unfair labor practice;
     
  • Restore, so far as possible, the status quo that would have been obtained but for the wrongful act;
     
  • Deter future violations;
     
  • Are appropriate under the particular circumstances of the violation and are supported by the evidence;
     
  • Utilize the full extent of the Authority's remedial power;
     
  • Avoid being punitive;
     
  • Are consistent with external controlling law;
     
  • Are responsive to the legitimate interests of the parties; and
     
  • Effectuate and promote the purposes and policies of the Statute.
     

Q. #2:     How is the issue of appropriate remedy considered throughout the processing of the ULP charge and ULP complaint?

Regional Offices consider and evaluate potential appropriate remedies throughout the investigation of an unfair labor practice charge and the litigation of an unfair labor practice complaint. During the investigation of a charge, the Agent obtains relevant evidence, testimonial and documentary, concerning the legitimate interests of the Charging Party in seeking a particular remedy. Throughout the decisional and trial preparation processes, the appropriate remedy is analyzed in the same manner that the elements of the violation are analyzed. The sought remedy is disclosed as part of the pre-hearing disclosure requirement. Documentary evidence pertaining to the appropriate remedy is presented at the hearing, argued, supported in post-hearing briefs, and considered as a basis for the f