Unfair Labor Practice Cases
What To Expect When A Charge Is Filed
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The party filing the charge is called the "charging party." The employer or
union against whom the charge is filed is called the "charged party."
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We will conduct an investigation of the charge, securing necessary witness
statements and other necessary evidence upon which to decide the charge.
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Among other things, the charging party must be prepared to provide us with
details of necessary events, including dates, times, places, and names of
witnesses. The charging party may be requested to provide additional evidence
and/or information as the investigation progresses.
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The charged party will be requested to provide relevant information and, if the
evidence warrants, will be asked to make its witnesses available for an
interview. The charged party may be requested to provide additional evidence
and/or information as the investigation progresses.
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Where appropriate, we will explain to both sides the issues which have been
raised in the case. We may ask the parties to submit their legal arguments.
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We will complete the investigation, decide whether the case has merit, and
implement our decision as promptly as possible, allowing for a thorough and
complete investigation.
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All parties will be expected to submit their evidence promptly so that we may
complete the investigation in a timely manner. We may give a party a deadline
to submit their evidence and arguments. We will try to be flexible, consistent
with our duty to complete the investigation in a timely manner.
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The length of time it takes to decide whether a case has merit may vary
depending upon our caseload, the distance between the NLRB office and the site
of the dispute, the priority of the case (and other cases in the NLRB office),
the number of witnesses to be interviewed and the complexity of legal and
factual issues raised. We would rather take a little longer to complete the
investigation if that's what is necessary to do a good job. From the time a
charge is first filed, you should expect that all necessary investigation will
be thoroughly completed and a regional determination will be made so that the
decision can be implemented normally within 7-12 weeks, depending on the impact
that the case has on the public.
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We will evaluate cases to determine whether we should ask for a court
injunction to stop the alleged unfair labor practices temporarily until the
NLRB is able to decide the case.
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Following an investigation, approximately 65 percent of all unfair labor
practice charges are dismissed or voluntarily withdrawn for lack of merit. Of
the remaining charges, every effort is made to resolve the case through an
appropriate settlement. We have been successful in achieving settlements in
such cases 86 percent of the time.
Where There Is a Decision That the Charge Does Not Have Merit
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If the Regional Director decides that the charge does not have merit, we will
explain the reasons to the charging party and offer the charging party an
opportunity to withdraw the charge. If the charging party prefers, the Regional
Director will dismiss the charge, with or without detailed reasons at the
charging party's request, and the charging party can appeal. The dismissal
letter will tell the charging party how to file such an appeal.
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From the time a charge is first filed, you should expect in such no- merit
cases that a withdrawal will be approved or a dismissal letter will issue
normally within 7-12 weeks, depending on the impact that the case has on the
public.
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If the charging party appeals the dismissal, the General Counsel's Office of
Appeals in Washington, DC, will fully review all of the evidence and give full
consideration to the charging party's contentions in making a decision. The
length of time before a decision on the appeal issues will vary depending on a
number of factors, including the amount of evidentiary material which must be
analyzed and the complexity of the issues.
Where There Is A Decision That The Charge Has Merit
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If the decision is that the charge has merit, we will explain the decision and
offer the charged party an opportunity to settle before a formal complaint is
issued. We will continue to try to settle the case after issuance of the
complaint. In addition, you should bring settlement possibilities to our
attention as they develop.
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From the time a charge is first filed, you should expect in such cases a
complaint, settlement, or adjustment, normally within 7-12 weeks, depending on
the impact that the case has on the public. If the charge proceeds to trial, an
Agency attorney will prepare and present the case to an NLRB Administrative Law
Judge (ALJ). Other parties to the case may be present, be represented by
counsel if they so choose, and may examine witnesses and present relevant
evidence. The length of time before trial will vary depending on a number of
factors, including how many other cases are set for trial.
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After the trial is concluded, the ALJ will issue a written decision and
recommended order, which can be appealed to the Board in Washington and
ultimately to the Federal courts. The length of time before decisions of the
ALJ and the Board issue will vary depending on a number of factors, including
the length of the trial and the complexity of the issues.
What We Are Doing To Improve Our Services
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We are now evaluating all charges to determine whether an injunction is
warranted to temporarily stop the alleged unfair labor practices until the NLRB
is able to decide the case.
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We are also evaluating cases to determine if greater priority needs to be given
to particular cases to process them more quickly.
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We are surveying our customers to determine their views on what needs to be
improved and what we might do to improve. We may conduct follow up surveys if
warranted.
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When one of our offices falls behind in case processing, we may reassign some
cases to another NLRB office and we may temporarily transfer NLRB employees to
help reduce the backlog.
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Regional Directors are being given greater procedural discretion in order to
reduce delays.
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We are continuing to examine additional ways to improve our performance at all
stages of case processing.
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We welcome your comments about the services we provide. You may contact us at
the address located in the back of this booklet.
Whenever You Contact The National Labor Relations Board
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We will treat you courteously.
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We will attempt to answer your questions about the case, consistent with the
confidentiality rights of other persons and the Privacy Act.
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If necessary, we will provide bilingual services if we are given sufficient
notice of that need.
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We will provide the same treatment to all persons regardless of race, sex,
religion, national origin, age, political affiliation, sexual orientation, or
disability.
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Our facilities are accessible to persons with disabilities. We will attempt to
accommodate persons with disabilities. Please let us know if you will need
accommodation.
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If you wish, you may be represented by an attorney or other representative of
your own choice.
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