LD 393
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Page 1 of 4 An Act To Amend the Laws Governing Bargaining Agents for Public Universities an... Page 3 of 4
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LR 11
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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.

 
§1025-B.__Proceeding without representation by bargaining agent

 
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:

 
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

 
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.

 
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:

 
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;

 
B.__The bargaining agent may not in any way hinder or
obstruct the grievance process; and

 
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.

 
§1025-C.__Proceedings in which employee initially requests

 
representation by bargaining agent

 
1.__Failure or refusal to represent employee in grievance.__If
the bargaining agent, citing a grievance's lack of merit,


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