Manage an Unfair Labor Practice Charge

Key Points

  • When a union files an unfair labor practice charge against an employer, the National Labor Relations Board (NLRB) will commence an investigation into the alleged violation. Employers will be required to provide the NLRB with a detailed position statement and information regarding potential witnesses.
  • An employer will be asked for its cooperation in the scheduling of witnesses and furnishing of all relevant documents.
  • An employer and union will be urged to reach a mutually satisfactory settlement. If the parties are unable to reach a settlement or the union refuses to withdraw the charge, the NLRB director may issue a complaint against the employer and the case will proceed to trial before an NLRB Administrative Law Judge.

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