REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS – Other Affirmative Relief
Single Topic for Decision 2492M
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1205.10000 – Other Affirmative Relief
Where employer unlawfully withdrew recognition from exclusive representative, thereby denying employees representation by any employee organization, it was the employer’s responsibility to make the union whole for unremitted dues and fees, especially since employees were denied representation as a result of the employer’s wrongful act. The appropriate remedy for an employer’s unlawful failure to remit dues is to order that it, not employees, make the employee organization whole. Ordering the employer to make union whole for the employer’s wrongful failure to remit dues to which union was entitled is not requiring the employer to “contribute financial support” to union in violation of the MMBA because the employer is not giving the union anything of value to which the union was not already entitled under the MMBA.