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The National Labor Relations Board is currently in shutdown/furlough due to a lapse in appropriations. NLRB headquarters and all field offices are closed. This website remains available to the public but is not actively maintained during the shutdown. Accordingly, the E-Filing applications (E-Filing, Online Charge and Petition, and My Account Portal) remain available. Documents E-filed during the shutdown will be processed once normal operations resume. 
 
Please note that due dates to file or serve most documents continue to be tolled during the period of the shutdown. However, the due dates for filing unfair labor practice charges and certain representation petitions cannot be tolled. Click here for more information.

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Discriminating against employees for NLRB activity (Section 8(a)(4))

The National Labor Relations Board has no power to investigate an employer (or union) on its own. We cannot do our job unless people come forward, file charges, cooperate with NLRB investigations, and testify in NLRB hearings. It is unlawful for employers to discriminate against employees for helping the NLRB do its job.

Section 8(a)(4) of the Act makes it an unfair labor practice for an employer "to discharge or otherwise discriminate against an employee because he has filed charges or given testimony under this Act." (An employer that violates Section 8(a)(4) also derivatively violates Section 8(a)(1).) For example, you may not

  • Discharge or otherwise discriminate against employees for announcing an intent to file a charge, providing information or giving sworn statements to a Board agent investigating a charge, refusing to disclose the identity of a charge-filing coworker, talking to coworkers about future testimony, or refusing to testify voluntarily on your behalf.
  • Discharge or otherwise discriminate against employees because you suspect or believe, correctly or not, that they had filed or were about to file a charge.