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. effectively recreate those conditions and relationships; and
b. effectuate the policies of the Statute, including the deterrence of future violative conduct?
4. If not, what evidence supports the conclusion that the traditional remedy is not sufficient?
5. If not, what nontraditional remedy would satisfy the remedy principles?
6. What specific evidence supports the nontraditional remedy?
7. Is the nontraditional remedy inconsistent with any external law?
8. If the payment of money by an agency is the remedy that is requested, what is the statutory authority for the payment of that money?