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represent the employee in a grievance proceeding, the bargaining | agent shall fairly represent the employee at every step of the | grievance process.__If a bargaining agent fails or neglects to | fairly represent an employee, the bargaining agent is liable to the | employee for all damages sustained by the employee as a result of | that failure and may be subject to punitive damages in a civil suit | brought by the employee in Superior Court. |
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| §1025-B.__Proceeding without representation by bargaining agent |
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| | 1.__Same rights as bargaining agent.__If an employee elects to | pursue a grievance without the intervention of the bargaining | agent as provided in section 1025, subsection 2, paragraph E: |
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| A.__The employee has all the rights to present and prosecute | the grievance fully and completely that the bargaining agent | would have under the law and any existing bargaining | agreement; and |
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| B.__The employer shall accept and process the grievance and | comply with any agreed-upon or ordered resolution of the | grievance as if the grievance had been presented and | processed by the bargaining agent from its inception. |
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| | 2.__Role of bargaining agent.__If an employee elects to pursue | a grievance independently of the bargaining agent as provided in | section 1025, subsection 2, paragraph E: |
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| A.__The bargaining agent may not take an official position | or in any way communicate an unofficial position to the | employer on the pending grievance unless requested to do so | by the employee; |
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| B.__The bargaining agent may not in any way hinder or | obstruct the grievance process; and |
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| C.__The bargaining agent shall assist and cooperate fully | with the employee in all matters relating to the grievance | as reasonably requested by the employee, except that the | bargaining agent is not required to act in a representative | capacity on behalf of the employee in any proceeding | relating to the pending grievance. |
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| §1025-C.__Proceedings in which employee initially requests |
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| representation by bargaining agent |
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| | 1.__Failure or refusal to represent employee in grievance.__If | the bargaining agent, citing a grievance's lack of merit, |
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