May an employer appeal an unfair labor practice charge decision issued by the National Labor Relations Board?
Author: Jessica Sussman
Yes. At the conclusion of the hearing, the ALJ files a decision recommending either 1) an order to cease and desist from the unfair labor practice and affirmative relief or 2) the dismissal of the complaint. This recommended order is filed with the Board. If no exceptions are filed by one of the parties within 20 days after service of the decision, the recommended order becomes the order of the Board and is considered final. The final NLRB decision may then be brought to the federal circuit court of appeals to enforce, set aside or remand. The United States Supreme Court reviews appeals from the courts of appeals.Therefore, an employer is permitted to file a petition for review (an appeal) with the appropriate federal circuit court of appeals after the NLRB has issued a final order in an unfair labor practice charge. The court of appeals can enforce, set aside or remand all or part of the case. The United States Supreme Court reviews appeals from courts of appeals.