When facing unfair discipline at work, winning your arbitration is only the first step. Understanding the remedies available through arbitration helps ensure you receive full justice. Let's explore what union members should know about getting made whole after unfair discipline.

The Make-Whole Remedy: Restoring What Was Lost

The cornerstone of arbitration remedies is the "make-whole" remedy, which aims to put you back in the position you would have been in if the improper discipline hadn't occurred. This means restoring not just your basic wages, but all the components that make up your total compensation.

Back pay forms the foundation of most make-whole remedies. You should receive the wages you would have earned during the period of improper discipline, including any regular pay increases you would have received. Importantly, this includes overtime you likely would have worked based on your established patterns before the discipline.

Beyond basic wages, a complete make-whole remedy should restore your full benefits package. This means making you whole for health insurance coverage and any medical expenses you incurred while improperly disciplined. Your vacation and sick leave accrual should be restored, along with any holiday pay you missed. The employer should also make pension contributions they would have made during your absence.

Your Union's Role in Building the Remedy Case

Working closely with your union is crucial for documenting what you should receive. Your union can help gather evidence of your typical earnings, including your regular overtime patterns, shift differentials, and any bonuses or premium pay you normally receive. This creates the baseline for calculating what you should have earned absent the unfair discipline.

Understanding Interim Earnings and Mitigation

If you found other work while fighting your case, those earnings may reduce your back pay award. However, unemployment compensation usually isn't deducted since it comes from state funds rather than your employer. Your union can help document any additional expenses you incurred with interim work, such as increased transportation costs, which might offset these deductions.

When Full Remedies May Be Modified

Sometimes arbitrators award partial remedies based on specific circumstances. This might happen when both sides share some fault, when the employer committed procedural violations that didn't affect the final outcome, or when an employee hasn't actively sought other work during the dispute.

Clearing Your Record Through Expungement

Beyond monetary compensation, arbitrators can order employers to remove unfair disciplinary records from your file. This "expungement" remedy helps ensure that improper discipline doesn't continue to affect your future opportunities.

The Path to Full Justice

Successful remedy advocacy begins long before the arbitration hearing. Document everything during your disciplinary period, including your job search efforts, medical costs, and other expenses. Keep detailed records of your pre-discipline earnings and work patterns to establish what you should have earned.

Stay in regular contact with your union throughout the process. They can help gather the evidence needed to support your case for full remedies. Remember that while arbitrators have broad discretion in crafting remedies, their primary goal is to restore employees to their rightful position.

Working closely with your union to document losses and explore all remedy options gives you the best chance at complete resolution. The key is understanding that remedies should make you whole - restoring everything you lost due to improper discipline. With proper documentation and strong union advocacy, you can fight for the full relief you deserve.

Remember that your union is your strongest ally in seeking full remedies. Keep them informed and involved from the start of any disciplinary action, as this creates the strongest foundation for achieving complete justice through the arbitration process.

Ohio Union Labor Attorneys