Investigate Charges

If you believe your NLRA rights have been violated, you may file a charge against an employer or a labor organization. You can find charge forms here. Please contact an information officer at your local NLRB Regional Office for assistance.

The NLRB receives about tens of thousands of charges per year from employees, unions, and employers covering a range of unfair labor practices described in Section 8 of the Act. 

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, reviewed by NLRB attorneys at the Division of Advice in Washington DC. The majority of charges are settled by the parties, withdrawn by the charging party, or dismissed by the Regional Director.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. If no settlement is reached in a meritorious case, the agency issues a complaint. Common allegations against employers in complaints include threats, interrogations and unlawful disciplinary actions against employees for their union activity; promises of benefits to discourage unionization; and, in the context of collective bargaining relationships, refusals to provide information, refusals to bargain, and withdrawals of recognition. Common allegations against unions include failure to represent an employee and failure to bargain in good faith.

The issuance of a complaint leads to a hearing before an NLRB Administrative Law Judge (unless there is a settlement). Once a complaint issues, an NLRB attorney serves as Counsel for the General Counsel during settlement discussions and throughout the litigation of the case.

It is illegal for an employer or union to retaliate against employees for filing charges or participating in NLRB investigations or proceedings.  

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 not to violate the law.

Temporary Injunctions

While the case proceeds through the investigative 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, and see a map of 10(j) activity here. 

Office of Appeals 

Decisions to dismiss a charge may be appealed to the Office of Appeals in Washington D.C. within two weeks of the dismissal. The Office receives approximately a thousand appeals each year. Each appeal is assigned to an attorney and a supervisor for a full review of all documents in the case, including any new information submitted by the charging party as part of their appeal. 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 Director’s 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 local NLRB Regional Office.