The Choice of Remedies
Are you considering pursuing an employee relations or employment law claim against your employer and are you represented by a union?
If you answered yes to both questions, consider that as a represented employee you may have to make a choice as to which remedy you to pursue.
Most employees represented by a union are familiar with the grievance process. A grievance is a formal complaint an employee raises against their employer due to dissatisfaction with one or more aspects of their employment. In can involve rights under a contract, company policy, or employment law alleged to have been violated.
Non-union employees generally do not have access to a grievance process under a labor contract. Instead, they are often required to exhaust administrative remedies through external agencies before pursuing claims in court. For example, employees alleging discrimination under federal laws such as Title VII of the Civil Rights Act must usually file a charge with an administrative agency, like the Equal Employment Opportunity Commission (EEOC), before filing a lawsuit.
Union-represented employees may have access to both a grievance process and external administrative procedures, but not always simultaneously.
Here’s where things become nuanced. Many collective bargaining agreements contain a provision requiring union employees to choose which remedy they will pursue if they believe their rights have been violated.
In general:
If a union-represented employee pursues the grievance process, they may be limited or barred from pursuing the same claim through an employer’s administrative process or an outside agency.
Conversely, if the employee initiates an administrative or statutory claim, they may be prohibited from later pursuing the grievance process for the same issue.
This requirement is known as the “choice of remedies”, and it can significantly affect your legal options.
What You Should Do Before Moving Forward
If you are represented by a union and believe you have a claim against your employer:
Carefully review your collective bargaining agreement
Pay close attention to any “choice of remedies” language
Being informed before you act can help ensure you pursue the remedy that best protects your rights and interests.
If you have any questions about the “Choice of Remedies” requirement set up a consultation with an experienced employment at the Seattle Litigation Group and we can discuss your situation.