National Labor Relations Board Complaints

Employees, union representatives and employers who believe that their rights under the National Labor Relations Act have been violated may file charges alleging unfair labor practices at their nearest NLRB regional office. Every charge is investigated by Board agents, who often take affidavits from parties and witnesses, and gather documents and other evidence. Their findings are evaluated by the Regional Director, who ultimately decides whether or not there is probable cause to issue a complaint. The time from charge to decision is typically 7 to 12 weeks. During this period, many charges are withdrawn by the charging party or dismissed by the Regional Director.

When the NLRB investigation finds that a charge has probable merit, every effort is made to facilitate a settlement between the parties. In recent years, the Agency’s settlement rate has been above 85 percent of meritorious cases. If no settlement can be reached, the Regional Director will issue a complaint, which usually leads to a hearing before an NLRB Administrative Law Judge.

The majority of parties voluntarily comply with orders of the Board. When they do not, the Agency’s General Counsel must seek enforcement in the U.S. Courts of Appeals. Parties to cases also may seek review of unfavorable decisions in the federal courts.

In reviewing cases, the Circuit Courts evaluate the factual and legal basis for the Board’s Order and decide, after briefing or oral argument, whether to enter a judicial decree commanding obedience to the Order. The Court may also enter an Order on the grounds that the responding party failed to oppose or had no legal basis to oppose the Board’s action.

Otto S. Shill, III is an Arizona Human Resources Planning and Litigation Attorney with over 25 years of experience.