How to File an Unfair Labor Practice Charge

How to File an Unfair Labor Practice Charge

The National Labor Relations Act (NLRA) and Federal Service Labor Management Relations Statute protect the rights of workers in interactions between employees, unions, and employers. Most importantly, these laws safeguard employees from undue influence or unfair treatment by an employer. Knowing these rights will help you recognize when to contact a lawyer that knows how to file an Unfair Labor Practice charge.

What Are My Rights?

If you are a private employee, the NRLA lays out your protections as an employee. Similar protections exist for federal employees. Here are some examples of activities that are protected by law from employer interference:

  • Forming a union
  • Joining an official or unofficial union
  • Assisting union organizing
  • Being represented by a union
  • Filing a grievance

Furthermore, all retaliation that is based on the exercise or your workplace rights is illegal. It is crucial that you understand your rights as an employee and are on the lookout for violations.

The Process of Protection

Each year, the NLRB receives between 20,000 and 30,000 Unfair Labor Practice charges. The NLRB investigates these claims and makes a decision based on the merits of the charge. If the complaint is warranted, the NLRB attempts a settlement between the parties. If that fails, a formal complaint is issued.

About 6,000 charges are settled between parties and another 1,000 charges result in formal complaints per year. Filing an Unfair Labor Practice charge is critical to protecting workers' rights and ensuring that employees get the treatment and financial compensation they deserve.

What To Do If You Suspect A Rights Violation

When you suspect that an employer or union has violated your labor rights, it is important to contact a lawyer who is familiar with how to file an Unfair Labor Practice charge. Your lawyer will help you file a complaint with one of the 26 regional offices of the NLRB.
Unlike most legal issues, the charge must be filed with the NRLB and is not adjudicated through a lawsuit. In some instances, charges will be appealed by NRLB attorneys to the NLRB headquarters in Washington, DC.

To get the process started, you must file an Unfair Labor Practice charge within six months of the incident for the complaint to be valid. While navigating this process can seem daunting, an experienced lawyer can help you assess the validity of your claim, prepare the necessary documentation, and work toward the settlement or outcome you deserve.