The Statute creates rights and obligations on the part of unions, management and employees in a workplace represented by a labor union. If either labor or management fail to perform their obligations to each other an unfair labor practice (ULP) charge may be filed. A ULP charge may also be filed if either labor or management interferes with the rights each has been given under the Statute. Employees may also protect their rights under the Statute by filing ULP charges against labor or management.

For example, it is illegal for agency management to threaten or retaliate against employees for seeking union representation or refuse to provide a union information necessary for the union to fulfill its representational responsibilities. Similarly, unions may not try to influence management to discipline employees who did not join the union or refuse to represent employees because they are not a union member. Neither an agency nor a union may refuse to bargain with the other in good faith.

Although individuals and agencies may file ULP charges, the vast majority of charges in the federal sector are filed by unions. Historically, approximately 95% of all ULP charges have been filed by unions and less than 5% have been filed by employees and management.

Once a charge has been filed, it is investigated by the FLRA's Office of the General Counsel through the FLRA's Regional Offices. The Offices use a variety of innovative alternative dispute resolution techniques to resolve the charges, short of litigation. Over the last 10 years, approximately 89% of all ULP charges filed were either withdrawn, dismissed or settled at this stage.

For those charges that are meritorious and have not been resolved at the preliminary stages of the process, the OGC issues a ULP complaint. The case is then prosecuted by the OGC in a trial before the FLRA's Office of Administrative Law Judges, who are appointed by the Authority. On an annual basis, an average of 88% of all cases for which a ULP complaint was issued result in settlement without a hearing.

After the trial, the ALJ decides whether a ULP was committed and issues a written Decision and Recommended Order. An ALJ decision may be appealed to the Authority by any party. If an appeal is not filed with the Authority, the ALJ's decision becomes final. On appeal, the Authority may affirm, modify or reverse the ALJ's Decision and Recommended Order in whole or in part. The Authority's decision may be appealed to the appropriate federal court of appeals.