If you believe your NLRA rights have been violated, you may filed a charge against an employer or a labor organization. You can find charge forms here. Please contact an information officer at your nearest Regional Office for assistance.
The NLRB receives about 20,000 to 30,000 charges per year from employees, unions and employers covering a range of unfair labor practices described in Section 8 of the Act.
The leading allegations in complaints issued in recent years are employer failure to bargain, and illegal actions against employees for protected activity. Complaints also issue to protect the rights of union members to be represented fairly by their unions, and to protect the rights of non-union employees to act together to improve their wages or working conditions, among others.
Each charge is investigated by Board agents, who gather evidence and may take affidavits from parties and witnesses. Their findings are evaluated by the Regional Director, and in certain novel or significant cases, by NLRB attorneys at the agency's Division of Advice in Washington DC. Typically, a decision is made about the merits of a charge within 7 to 12 weeks, although certain cases can take much longer. During this period, the majority of charges are settled by the parties, withdrawn by the charging party, or dismissed by the Regional Director. Click here for charts and data.
When the NLRB investigation finds sufficient evidence to support the charge, every effort is made to facilitate a settlement between the parties. In recent years, the Agency’s settlement rate has been above 85 percent of meritorious cases.
If no settlement is reached in a meritorious case, the agency issues a complaint. Hundreds of complaints are issued through the NLRB's regional offices each year. (In fiscal year 2010, 1,243 complaints were issued). The majority are issued against an employer. Common allegations include unlawful threats and interrogations and unlawful disciplinary actions, such as reprimands, suspensions and discharges, based on union activity; promises of benefits if the union does not come in; and, in the context of collective bargaining relationships, refusals to provide information, refusals to bargain, and withdrawals of recognition. Common allegations in complaints issued against unions include a failure to represent an employee or failure to bargain in good faith.
The issuance of a complaint usually leads to a hearing before an NLRB Administrative Law Judge, although many cases are settled by agreement between the parties at this phase as well. After issuing a complaint, the NLRB becomes a representative for the charging party throughout settlement discussions and the Board process,. Board attorneys help gather and prepare materials, and keep the parties apprised of case developments.
Remedies:
Under its statute, the NLRB cannot assess penalties. The agency may seek make-whole remedies, such as reinstatement and backpay for discharged workers, and informational remedies, such as the posting of a notice by the employer promising to not violate the law.
Temporary Injunctions:
While the case proceeds through the Board process, the Regional Director may petition the appropriate U.S. District Court for temporary injunction orders to restore the status quo where rights have been violated, under Section 10(j) of the Act. The General Counsel must first approve the petition and the Board must authorize it. If granted by the Court, an injunction may, among other things, require a party to return to bargaining, or reinstate unlawfully discharged employees, or stop the unlawful subcontracting of union jobs. Click here to see a list of 10(j) injunction activity.
Office of Appeals:
A Regional Director's decision to dismiss a charge may be appealed to the Office of Appeals in Washington D.C. within two weeks of the dismissal. The Office handles about 2000 cases a year. Each appeal is assigned to an attorney and a supervisor for a review of all documents in the case, including new information submitted by the charging party. All cases in which it is proposed to reverse the Regional Director's determination are presented to the General Counsel for decision.
Significant cases may be presented for General Counsel review even where the recommendation is to uphold the Regional determination. The Office may also remand cases to the regions for further investigation where necessary. Because such decisions are not reviewable in court, there is no further recourse for parties who believe that a charge has been unfairly dismissed.
For further information or for help in filing a charge, please contact an information officer at your nearest NLRB Regional Office.
