How to Report an Unfair Labor Practice
Locate the nearest NLRB regional office., Get a copy of the appropriate form., Fill out your ULP form., File your ULP form., Serve a copy of the charge on the person or entity you charged with an unfair labor practice., Cooperate with the NLRB...
Step-by-Step Guide
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Step 1: Locate the nearest NLRB regional office.
You must report an unfair labor practice to the regional office with jurisdiction over you and your employer.
You can find the nearest office by using the NLRB's online map.
The correct office normally is the one that has jurisdiction over the worksite where the alleged unfair labor practice occurred.
If you are unsure as to which regional office you should use, an informational officer at any NLRB regional office can assist you in locating the correct office. -
Step 2: Get a copy of the appropriate form.
You must use Form NLRB-501 for a charge against your employer,or Form NLRB-508 for a charge against a labor organization.You can download a copy of the appropriate form online, or pick up a paper copy at your nearest NLRB regional office.
The National Labor Relations Act creates a balance between employees and employers, giving employees the right to unionize and establishing rules for union elections and collective bargaining.
If either the union or your employer takes an action that interferes with your rights under the NLRA, you can report that action as an unfair labor practice.For example, if your employer made a rule that employees were not allowed to talk about the union with each other while working, but they were allowed to talk about other things such as their personal lives, this probably would be an unfair labor practice.
A union, on the other hand, might commit an unfair labor practice by coercing or threatening employees who didn't want a union., You must fill out your charge form in full, including information identifying you and the employer or labor organization you're charging with an unfair labor practice.
You also must describe in full detail the facts of the action or occurrence that you allege to be an unfair labor practice.
The section of the form in which you describe the alleged unfair labor practice should not include a list of any evidence you have in support of your claim, or names of witnesses.Consider calling an NLRB information officer in the regional office where you will file your charge, if you have any questions or difficulty filling out the form.
The information officer can answer your questions and keep your charge from being delayed or dismissed because it was filled out incorrectly., The NLRB only processes charges filed within six months of the date the event or action occurred that gave rise to the charge.You can file your charge in person at the regional office, or you can file online by uploading a PDF., According to the NLRB's rules, you are responsible for service after you file your charge.
You can serve the other party personally, by regular, registered or certified mail, or by private delivery service., Once the NLRB receives your charge, the regional director will investigate the situation and decide whether to take formal action.
During the investigation, you will be asked questions about your charge.
You may be asked to provide the names and phone numbers of witnesses or any documents that support your claim.
You also may be asked to give sworn testimony, which may be recorded.
Your charge will be dismissed if the regional director finds insufficient evidence of an unfair labor practice.
You have the opportunity to appeal that dismissal.
If the regional director finds evidence that the employer or union has violated the NLRA, the responsible party will be asked to voluntarily remedy that violation.
If the employer or union refuses to remedy the violation, the regional director will issue a complaint and notice of hearing, and the employer or union you charged will have 10 days to answer the complaint., After the employer or union files an answer to the complaint, a hearing will be held before an administrative law judge.During the hearing, evidence will be presented to the administrative law judge, who also may call witnesses to testify.
Following the presentation of the evidence, the judge will issue an order for remedy of any unfair labor practices found. -
Step 3: Fill out your ULP form.
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Step 4: File your ULP form.
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Step 5: Serve a copy of the charge on the person or entity you charged with an unfair labor practice.
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Step 6: Cooperate with the NLRB investigation.
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Step 7: Attend the hearing.
Detailed Guide
You must report an unfair labor practice to the regional office with jurisdiction over you and your employer.
You can find the nearest office by using the NLRB's online map.
The correct office normally is the one that has jurisdiction over the worksite where the alleged unfair labor practice occurred.
If you are unsure as to which regional office you should use, an informational officer at any NLRB regional office can assist you in locating the correct office.
You must use Form NLRB-501 for a charge against your employer,or Form NLRB-508 for a charge against a labor organization.You can download a copy of the appropriate form online, or pick up a paper copy at your nearest NLRB regional office.
The National Labor Relations Act creates a balance between employees and employers, giving employees the right to unionize and establishing rules for union elections and collective bargaining.
If either the union or your employer takes an action that interferes with your rights under the NLRA, you can report that action as an unfair labor practice.For example, if your employer made a rule that employees were not allowed to talk about the union with each other while working, but they were allowed to talk about other things such as their personal lives, this probably would be an unfair labor practice.
A union, on the other hand, might commit an unfair labor practice by coercing or threatening employees who didn't want a union., You must fill out your charge form in full, including information identifying you and the employer or labor organization you're charging with an unfair labor practice.
You also must describe in full detail the facts of the action or occurrence that you allege to be an unfair labor practice.
The section of the form in which you describe the alleged unfair labor practice should not include a list of any evidence you have in support of your claim, or names of witnesses.Consider calling an NLRB information officer in the regional office where you will file your charge, if you have any questions or difficulty filling out the form.
The information officer can answer your questions and keep your charge from being delayed or dismissed because it was filled out incorrectly., The NLRB only processes charges filed within six months of the date the event or action occurred that gave rise to the charge.You can file your charge in person at the regional office, or you can file online by uploading a PDF., According to the NLRB's rules, you are responsible for service after you file your charge.
You can serve the other party personally, by regular, registered or certified mail, or by private delivery service., Once the NLRB receives your charge, the regional director will investigate the situation and decide whether to take formal action.
During the investigation, you will be asked questions about your charge.
You may be asked to provide the names and phone numbers of witnesses or any documents that support your claim.
You also may be asked to give sworn testimony, which may be recorded.
Your charge will be dismissed if the regional director finds insufficient evidence of an unfair labor practice.
You have the opportunity to appeal that dismissal.
If the regional director finds evidence that the employer or union has violated the NLRA, the responsible party will be asked to voluntarily remedy that violation.
If the employer or union refuses to remedy the violation, the regional director will issue a complaint and notice of hearing, and the employer or union you charged will have 10 days to answer the complaint., After the employer or union files an answer to the complaint, a hearing will be held before an administrative law judge.During the hearing, evidence will be presented to the administrative law judge, who also may call witnesses to testify.
Following the presentation of the evidence, the judge will issue an order for remedy of any unfair labor practices found.
About the Author
Megan Walker
Creates helpful guides on organization to inspire and educate readers.
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