The National Labor Relations Board administers the National Labor Relations Act (NLRA) which oversees private sector labor relations, i.e., the relationship between employers, unions and employees, and the rights of employees to form, join or assist a labor organization and to bargain collectively through representatives of their own choosing or to refrain from such activities. The NLRB processes charges, involving allegations that an employer or union is violating the NLRA. The agency also processes petitions in which a union seeks to represent employees for collective- bargaining purposes or petitions in which employees no longer wish the union which currently represents them to continue to do so. This guide provides basic instructions about filing charges and petitions with the NLRB.

Filing A Charge

The first step in processing an alleged unfair labor practice is the filing of a charge, which may be against either an employer, union, or in some cases, both. Before the Board can process a charge, it must determine if it has jurisdiction. As a federal agency, the Board becomes involved only in those matters that have an impact on interstate commerce. Basically, this means that the employer must be deriving revenues in excess of certain standard levels set by the Board, and there must be more than a minimal amount of business derived from the flow of goods or services across state lines. Furthermore, because the Board does not have jurisdiction over public entities, with the exception of the Postal Service, it will process charges only involving private, non-agricultural enterprises (this includes non-profit businesses).

Statute of Limitations

Also critical in the initial filing stage is when the alleged violation occurred. Normally, by statute, only charges filed and served within six (6) months of the date of the event or conduct, which is the subject of the charge, will be processed by the NLRB.

Types of Charges

Section 8 of the Act sets forth the types of unfair labor practices that are prohibited. Typical charges against employers include threatening or discharging employees because of their union and/or protected, concerted activities, and refusing to bargain in good faith with recognized or certified unions. Charges against unions range from arbitrarily or discriminatorily failing to process an employee's grievance, to picketing neutral employers or persons in an attempt to get them to cease doing business with the employer with which a union has a dispute. In deciding whether you should file a charge, you should contact the nearest NLRB Regional Office and ask to speak with the Information Officer on duty, who will first listen to what concerns you and then fully explain what is and what is not covered by the Act.

For more information on the procedures and what to expect when a charge is filed, see Unfair Labor Practice Cases

Charging Party's Responsibilities

If you find it necessary to file a charge, the Information Officer with whom you speak will assist you in filling out the appropriate charge form. Be prepared to supply at least the name, address (including ZIP code), and telephone number of the employer or union against which the charge is to be filed. If you file a charge with the Board, Section 102.14 of the Board's Rules and Regulations state that it is the responsibility of the individual, employer or union filing the charge to timely and properly serve a copy of the charge on the person, employer or union against whom such charge is made. After the charge is filed, you will be contacted by the Board agent assigned to your case to arrange for the submission of your supporting evidence. Your cooperation in the investigation of a charge is essential. Failure to provide your evidence in a timely manner may result in the dismissal of your charge.

Representation Petitions and NLRB Elections

Filing A Petition

If you want a union to represent you at your workplace or if you no longer wish the union that currently represents you to continue doing so, the filing of a petition with the NLRB will be the means by which either action can be initiated. You may file a petition by contacting one of the NLRB Offices. For more information on what to expect when a representation petition is filed, please see Representation Cases.

Types Of Petitions

The NLRB processes 6 types of petitions. The petitions most commonly filed are representation (RC) and decertification (RD) petitions. The RC petition is used when employees are seeking to be represented by a union and the RD is used when employees are seeking an election to vote an existing union out. More information about the 4 other less frequently used petitions can best be obtained by contacting an Information Officer at one of the NLRB's field offices.

Evidence Needed with a Petition

Generally, in order to file a petition with the NLRB, the petition must be accompanied by evidence demonstrating that the petition has the support of at least 30% of your fellow employees. This support usually will be in the form of dated signatures from interested employees who indicate by individual cards or signature sheets that they are interested in being represented by a particular union for the purpose of collective bargaining, or ending a union's representational role by having an election to achieve either purpose.

Who May File A Petition?

Any union, employer or individual may file a petition to obtain an election conducted by the NLRB. Please note that the NLRB has jurisdiction over most private employers. Generally, a petition wherein a union or employees are seeking to have a union represent employees may be filed at any time. However, where a petition is filed because employees no longer wish an established union to represent them, there are a series of procedures that regulate the times when a petition may be filed. Most notably, a valid collective bargaining agreement covering the employees in question will bar the filing of a petition except for the period 60 to 90 days prior to its expiration. Other rules are in place for health care providers. Further information can be obtained through discussion with a NLRB agent. To determine if you are within the proper time for filing, review the Open Period Chart, a handy reference guide on determining the periods for filing a timely petition.

Petition [PDF]

The Election

The purpose of most petition filings is to have the NLRB conduct a government- sponsored election. The NLRB assigns a high priority to all election cases. Elections generally are held less then 50 days from the date a petition is filed.

Who Votes?

Eligibility to vote is determined by an employee's job duties and placement of the job in defined collective-bargaining units. In general a bargaining unit is a group of 2 or more employees of the same employer who share a "community of interest" in working conditions. A bargaining unit is most often defined through the use of job descriptions. For example, if an employer is a manufacturing facility, a group of employees sharing common interests might be defined as a unit of all production and maintenance employees. Depending on the circumstances, the same employer may or may not employ other, separate units of employees, such as drivers or clerical employees.

Who Doesn't Vote?

The NLRB normally excludes from voting eligibility all managers, supervisors and guards (although guards may be included in their own bargaining unit). Professional employees are excluded from units of non-professional employees unless professionals vote in a NLRB election to be included with non-professionals. Employees who have terminated their employment for legitimate considerations as of the day of the election are not eligible to vote.

Where Are Elections Held?

Most elections are held right at the work site where eligible employees perform their work. Some elections are conducted by balloting away from the work site, including by mail, where employees are dispersed over a wide geographic area, are assigned away from their normal workstations or under other circumstances. Polling places are set up by the NLRB agent(s) conducting the election. The main function of the NLRB agent is to assure that the election is conducted fairly and that each eligible employee is afforded the opportunity to freely vote a secret ballot. The actual count of the ballots normally is held at the site of the election in the presence of representatives and designated observers from each interested party.

Election details, for example the description of the bargaining unit, the voting eligibility of classes of employees, and the date and place of the election, usually are agreed to by the petitioning union and the employer involved with the assistance of the Board agent. When the parties cannot agree on such issues as the composition or scope of the bargaining unit, a "pre-election hearing" is conducted. Based upon the evidence introduced at the hearing, the Director of the NLRB Regional Office processing the election petition will issue a Decision deciding the election issues on which the parties could not agree.

Election Interference

Within 7 days of the election, any party may file objections concerning the conduct of the election asserting that the laboratory conditions necessary for holding a fair election were not met, thereby protesting the validity of the election results. Any party making such a claim is compelled to present its evidence in support thereof promptly to the local office of the NLRB, which will investigate the issues in an expeditious manner. An additional hearing may be conducted concerning these objections or any determinative challenges to the eligibility of an individual seeking to vote in the election.

Certification of Election Results

The final step in the processing of a petition through an election is for the NLRB to issue a formal certification of the union as the duly designated collective bargaining representative or a certification of the results of the election in the event the union does not receive the support of a majority of the unit employees. A Certification of Representative provides the union with the authority to represent the employee group and to negotiate a contract on the employees' behalf. Under such circumstances, an employer is compelled by law to bargain in good faith with the union selected as the employees' representative.