A DECISIONAL ANALYSIS FOR REGIONAL DIRECTORS WHEN DECIDING UNFAIR LABOR PRACTICES

The General Counsel bears the burden of establishing the appropriate remedy based on the evidence provided by the Charging Party. The following protocol sets forth a decisional process to assist the Regional Directors in determining what remedy to seek when litigating an unfair labor practice complaint.

1.     Identify the traditional remedy for the type of violation at issue.

2.     What were the conditions and relationships in existence with which the unfair labor practice interfered?

3.     Will the traditional remedy:                    

a.    &nb