Remedies — What to Ask For and How

The remedy is what you're asking the company to DO to fix the violation. A weak remedy can ruin a strong grievance. A strong remedy protects the member and deters future violations.

Types of Remedies:

1. MAKE WHOLE — The most common and most powerful

• Restore the grievant to the position they would have been in had the violation not occurred

• Includes: back pay, lost overtime, lost benefits, seniority credit

• Example: 'Make the grievant whole for all lost wages, overtime, and benefits'

2. CEASE AND DESIST

• Order the company to STOP the violating behavior

• Important for ongoing or systemic violations

• Example: 'The Company shall immediately cease and desist from assigning overtime in violation of Article V'

3. REINSTATEMENT

• Return the employee to their position (for suspensions/terminations)

• Should include: back pay, benefits, seniority, and removal of discipline from the record

• Example: 'Reinstate the grievant to their former position with full back pay, benefits, and seniority, and expunge all records of the March 18, 2026 Written Warning'

4. MONETARY DAMAGES

• Calculate actual losses: hours x rate = back pay

• Include overtime premium if applicable (time-and-a-half or double time)

• Include shift differential, holiday pay, and any other premiums lost

• Example: 'Pay the grievant 8 hours at the double-time rate of $48.22 per hour ($385.76) for the Sunday overtime they were entitled to work'

5. EXPUNGEMENT

• Remove discipline from the employee's record

• Critical for warnings and suspensions that affect future discipline

• Example: 'Remove the Written Warning dated March 18, 2026 from the grievant's personnel file and all company records'

Writing the Remedy:

'The Union requests that the Company: (1) Make the grievant whole for all lost wages, overtime, and benefits; (2) Cease and desist from violating Article V, Section 502; (3) Post the overtime list in compliance with the Agreement; and (4) Provide any and all other relief deemed appropriate.'

ALWAYS end with: 'and any and all other relief deemed appropriate' — this is your catch-all for the remedy, just like the catch-all for articles.

Calculating Back Pay:

• Regular hours lost x straight-time rate

• Overtime hours lost x 1.5x rate (or 2x for Sunday/holiday)

• Add shift differential if applicable

• Add any lost benefits (insurance premiums the company should have paid)

• Calculate from the date of violation to the date of resolution