Our Mission is to Enforce the National Labor Relations Act
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.
Jurisdiction
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).
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.
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.
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
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.
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.
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.
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.
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.
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.
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.