Filing a ULP

The National Labor Relations Board has the responsibility and the authority to adjudicate ULP's, the Boards General Counsel has the responsibility and authority to investigate and prosecute ULP's.

An Unfair Labor Practice (ULP) "charge" can be filed by any person or organization, and can be filed on behalf of others. The charge must be filed with a Regional Office of the Board within 6 months of the alleged unfair labor practice.

When filed, a charge can be general in nature, and can be amended during the investigation. When an amendment is made, the opposing party is notified.

The investigation can be done either in person, or by phone. Persons who have specific information may be asked to provider written affidavits. During the investigation, the investigating agent will attempt to reach a settlement, the consent of the charging party is not necessary for a settlement before a complaint is issued.

After the investigation, the Regional Director will make a decision to either issue a "complaint" or to "dismiss a charge". A dismissal can be appealed to the office of the General Counsel in Washington D.C. The decision of the General Counsel cannot be appealed to the Board or to the Courts. If a complaint is issued, the complaint will be scheduled for trail before an Admistrative Law Judge. At trial, the case is presented by a Board Trial Attorney, not by the Union.

The Board has no authority to enforce its orders. Enforcement must be sought through the courts if necessary.