Filing an NLRB Charge

What the NLRB Is and Does

The National Labor Relations Board (NLRB) is the federal agency responsible for enforcing workers' rights under the National Labor Relations Act. It has two primary functions: conducting elections for union representation and investigating and remedying unfair labor practices (ULPs) committed by employers or unions. The NLRB operates through a network of regional offices across the country. These offices are staffed by field agents and attorneys who investigate charges, facilitate settlements, and prosecute cases. The agency's services are entirely free to workers. You do not need a lawyer to file a charge or participate in the process. Understanding the NLRB's role is important because it is the primary enforcement mechanism for your organizing rights. When an employer threatens, retaliates against, or interferes with workers' organizing activity, the NLRB is the agency with the power to intervene and order remedies.

Types of Charges You Can File

The most common type of NLRB charge is an unfair labor practice (ULP) charge against an employer. ULPs include interfering with employees' Section 7 rights, retaliating against workers for organizing, refusing to bargain in good faith with a certified union, and discriminating against employees for union activity. If your employer has done any of these things, you can file a ULP charge. You can also file an election petition if you want the NLRB to conduct a secret ballot election for union representation. This requires showing interest from at least 30% of the workers in the proposed bargaining unit, typically through signed authorization cards. Decertification petitions allow employees to vote to remove an existing union as their representative. These are filed by employees, not by employers, though employers sometimes encourage workers to file them. Understanding the different types of filings helps you choose the right course of action for your situation.

The Six-Month Statute of Limitations

Step-by-Step Filing Process

You can file an NLRB charge in three ways: online through the NLRB's website at nlrb.gov, by mail to your regional NLRB office, or in person at your regional office. Filing online is the fastest method and allows you to submit supporting documents electronically. To file, you will complete NLRB Form 501 (Charge Against Employer). The form asks for basic information: your name and contact details, the employer's name and address, the date of the alleged violation, and a brief description of what happened. You do not need to cite specific legal provisions or write a legal brief. A clear, factual description of the events is sufficient. After you submit the form, the NLRB will assign a case number and a field agent to investigate your charge. The agent will contact you to discuss the details and may ask for additional documentation or witness information. Your regional office will also serve a copy of the charge on the employer, notifying them of the allegations. You can find your regional NLRB office by visiting nlrb.gov and using their office locator. Each region covers a specific geographic area, and your charge must be filed with the region where the alleged violation occurred.

What Happens After You File

Once your charge is filed, an NLRB field agent will investigate. The investigation typically involves interviewing you, your witnesses, and the employer's representatives. The agent will review documentary evidence and assess whether the facts support a finding that the law was violated. If the regional office determines that your charge has merit, it will issue a formal complaint against the employer. Many cases settle at this stage because a formal complaint signals that the government believes the employer violated the law. The regional office may facilitate settlement discussions between you and the employer. If the case does not settle, it proceeds to a hearing before an NLRB administrative law judge. The hearing operates similarly to a trial, with witness testimony, cross-examination, and documentary evidence. The judge will issue a decision, which either party can appeal to the full NLRB board in Washington, D.C. The entire process from filing to final decision can take months or even years for complex cases. However, the NLRB can seek temporary injunctive relief in federal court for particularly egregious violations, such as the firing of organizing leaders, to prevent irreparable harm while the case proceeds.

Available Remedies

If the NLRB finds that your employer committed an unfair labor practice, several remedies are available. Reinstatement is the most significant remedy for workers who were fired for organizing activity. The employer must offer you your old job back under the same terms and conditions. Back pay compensates you for wages and benefits you lost as a result of the violation. The NLRB calculates back pay from the date of the violation to the date of reinstatement or a valid offer of reinstatement, minus any interim earnings. Cease and desist orders require the employer to stop the illegal conduct immediately. These are legally binding orders enforceable in federal court. Notice posting requires the employer to display a notice in the workplace informing all employees of the violations found, the remedies ordered, and their Section 7 rights. This public acknowledgment can have a powerful effect on the workplace culture. It is important to understand what the NLRB cannot do. The Board does not award punitive damages, compensatory damages for emotional distress, or attorney's fees in most cases. The remedies are designed to restore the situation to what it would have been absent the violation, not to punish the employer.