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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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