Author Question: What is meant by exhausting internal remedies?[br][br][b][color=#347235]Question ... (Read 114 times)

neverstopbelieb · **on:** Jun 24, 2018

What is meant by exhausting internal remedies?

Question 2

Treaties affect relations between sovereign governments only and do not affect the way companies do business.
a. True
b. False
Indicate whether the statement is true or false

raili21 · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

The duty of fair representation may be enforced by either a Section 301 suit or a Section 8(b)(1)(A ) unfair labor practice proceeding. Before either action can be initiated, however, the employee alleging breach of the duty of fair representation must attempt to exhaust internal remedies that may be available. Since most complaints of breaches of the duty of fair representation result from employer actions, such as discharge or discipline, which are then compounded by the union's breach of its duty, the affected employee may have the right to file a grievance under the collective bargaining agreement to challenge the employer's actions. The employee must file a grievance and attempt to have it processed through to arbitration before filing a Section 301 suit or a Section 8(b)(1)(A ) complaint. The requirement of exhausting contractual remedies flows from the policy of fostering voluntary settlement of disputes.

Answer to Question 2

FALSE