How to File an Unfair Practice Charge With the NLRB
Page Contents
- Step 1: Determine if There Is a Violation of the National Labor Relations Act
- Step 2: Call the Information Officer at the Nearest NLRB Regional Office
- Step 3: Complete the Charge Form
- NLRB Form 508
- NLRB Form 509
- Step 4: Send the Charge Form to the NLRB Regional Office With Jurisdiction Over the Matter
- Step 5: Serve a Copy of the Charge to the Person, Union or Employer Who Is Being Charged
- Step 6: The Regional Director Will Conduct an Investigation
- Step 7: An NLRB Administrative Law Judge Will Conduct a Hearing if the Regional Director Issues a Formal Complaint Following the Investigation
- Step 8: The Administrative Law Judge's Decision Can Be Appealed
- Additional Resources
Author: Scott E. Schaffer, Schaffer Law LLC
Under the National Labor Relations Act (NLRA), employees, unions, and employers may file unfair labor practice charges with the National Labor Relations Board (NLRB) when they believe a violation of the NLRA has been committed. While commonly thought of as a union-management law, the NLRA also covers non-union employers affected by union activity, as well as non-union employees engaged in concerted, protected activity. Therefore, non-union employers can also file charges with the NLRB, or be the subject of a charge.