The National Labor Relations Board (NLRB) is responsible for enforcing the National Labor Relations Act. Under this Act, an unfair labor practice charge can be filed by any employee, employer, labor organization, or individual. To begin this process, you can obtain a charge form from the NLRB’s Regional Offices. It's important to note that the form must be signed and notarized before submission. Make sure to file your claim in the Regional Office where the alleged unfair labor practice occurred, and do so within a six-month period from the date of the incident in question. Claims filed after six months may not be considered.
After submitting your claim, you will need to provide the NLRB with evidence to support your case. This can include sworn statements and other relevant information obtained through interviews with involved parties and witnesses. Should there be adequate evidence found to back your charge, the NLRB will initiate an investigation within seven days. The Regional Officer must then determine, within forty-five days, whether there is "reasonable cause" to believe an unfair labor practice took place. If no such practice is found, you may be asked to withdraw your charge. Should you choose not to, the Regional Office may dismiss your complaint. There is an option to appeal dismissals through the General Counsel’s Office of Appeals.
If the Regional Office concludes that there is a "reasonable cause" to suspect an unfair labor practice, an attempt will be made to resolve the issue informally with the involved employer or union. Failing a voluntary settlement, the Regional Office will proceed to issue a formal complaint against the employer or union.
Once a formal complaint is lodged, the matter is scheduled for a hearing before an Administrative Law Judge. During this formal proceeding, an NLRB attorney will represent your interests. The Judge will issue a decision on whether discrimination occurred and determine the appropriate remedy, if necessary. It is within your rights to appeal the Judge's decision to the NLRB’s Main Office in Washington, D.C., and subsequently to the U.S. Court of Appeals if necessary.
Contact Us
If you have any questions filing workplace discrimination claims with the NLRB, or wish to consult an attorney regarding a legal matter, please contact Joseph C. Maya and the attorneys at Maya Murphy, P.C. at (203) 221-3100 or Jmaya@mayalaw.com to arrange a free initial consultation.
