Filing a ULP
The National Labor Relations Board (NLRB, or "Board") is vested with the responsibility and authority to adjudicate ULPs, and the Board's General Counsel is vested with the responsibility and authority to investigate and prosecute ULPs.
An unfair labor practice "charge" may be filed by any person or organization, and may be filed on behalf of others. The charge is filed with a Regional Office of the Board, and must be filed within six (6) months of the alleged unfair labor practice. The charge may be very general, and is sometimes amended during the investigation to add or delete allegations. The Board will notify the opposing party of the charge, and assign an agent to investigate. The investigation can be done in person or by phone, and persons with relevant information may be asked to provide sworn affidavits. During the investigation the agent will attempt to negotiate a settlement, and the consent of The charging party is not necessary for a settlement before a complaint is issued.
After the investigation, the Regional Director will decide either to issue a "complaint" or to "dismiss the charge." If the charge is dismissed, the dismissal can be appealed to the Office of the General Counsel in Washington, D.C., and the General Counsel's decision cannot be appealed to the Board or the courts. If a complaint is issued, the complaint will be scheduled for a trial before an Administrative Law Judge (ALJ). The case at trial is prosecuted by a Board Trial Attorney, not by the Union.
After the trial, the ALJ issues a decision, and if no party files "exceptions" to the ALJ's decision, the decision becomes final by a Board order. If exceptions are filed, the case is transferred to the Board. The Board hears no evidence; it makes its decision on the exceptions based upon the evidence submitted to the ALJ. Decisions of the Board can be appealed to the Federal Court of Appeals.
The Board has no authority to enforce its orders. It must seek enforcement through the courts when necessary.
