Introduction
You just got served with a charge of an unfair labor practice. What do you do now? First of all, don’t panic. Second, take a deep breath. Third, the sky is not falling. Fourth, don’t ignore the notice. And finally, take these steps:
1. Do not delay.
If you are an employee of a covered employer who believes that you have been subjected to an unfair labor practice, do not delay. Depending on your contract, the time limit for filing may be as short as 60 days from the date that the alleged unfair labor practice occurred. The time limit for filing an appeal is 15 days after receiving notice of an initial decision on your charge against your employer by the NLRB. And, if you feel that there has been a violation of your rights with regard to Section 8(a)3 – discrimination against union activity – then petitioning the court directly may be your best option (with some exceptions). To prevent any retaliation from occurring, it’s important that employees report any illegal behavior by their employers as soon as possible so they can take legal action against them before it becomes too late. This is a two-way street. The employer can also file an unfair labor practice as well against the Union. The same timelines apply for the employer.
2. Do an audit of your files.
Your next step is to conduct an audit of your files. Review the facts and circumstances that led up to the filing of charges, and compile a list of witnesses who may have knowledge of the alleged unfair labor practice. Also consider the impact of any proposed changes on you, your employees, and/or customers.
Your audit should include:
- Reviewing EEO policies and practices such as recruiting, hiring, and promotion;
- Ensuring that these policies comply with applicable federal laws;
- Examining employee handbook policies that may be related to anti-discrimination concerns (e.g., dress code);
3. Review the facts and circumstances that led up to the filing of charges.
- Review the facts and circumstances that led up to the filing of charges.
- There are certain things you should know about unfair labor practice cases:
4. Compile a list of witnesses who may have knowledge of the alleged unfair labor practice.
Compile a list of witnesses who may have knowledge of the alleged unfair labor practice.
Your case will be stronger if you can prove that the employer or union was aware of their actions before they were filed, and it’s more likely that you’ll get in contact with someone who was there if they’re not being asked to testify against themselves. While this step isn’t as important as some others, it can help your case overall by giving evidence that another employee was also harmed by your employer’s actions (or lack thereof).
If any witnesses do not appear at the hearing, contact them again and remind them to come on time and ready for their testimony. If they fail to show up again, contact them again after the hearing has ended. Make sure they know what time they’re required so they don’t miss out on their chance to speak up against injustice!
5. Is a settlement possible?
A settlement can be a good option if you and the union agree on the issues. It’s usually a quicker and less expensive process than going through an FLRA hearing, and it may be an option for small businesses that would have difficulty paying for a lengthy legal battle with their employees. For large companies, settlements are also common because they’re typically preferable to lengthy hearings. A settlement could also help avoid bad press if it means avoiding a public trial or hearing in which both sides present evidence against each other.
6. Prepare for the hearing . . . early and often.
- Prepare for the hearing. It’s important to prepare yourself early and often because your efforts will pay off in the end. You should review all documents, evidence, and witnesses in order to make sure that everything is organized and ready to go (including yourself).
- Prepare for the worst-case scenario. If your case doesn’t go as planned or takes longer than expected, don’t panic! Just take a deep breath and realize that this is part of what happens when you’re navigating through unfamiliar territory with an uncertain outcome—and it doesn’t necessarily mean that you did something wrong or failed at representing yourself as an employee.
Conclusion
It’s important to know that an unfair labor practice charge is not a guarantee of success. The steps above should help you or the employer navigate through the Board process, which can be complicated and confusing
The National Labor Relations Board (NLRB) has wide discretion in determining whether employees are in fact being treated unfairly, and these cases can take years to resolve. However, if you do choose to file charges against your
employer or the employer against the union, there are steps that can help ensure the best possible outcome. There are penalties for an ULP if it is substantiated, to learn more about the penalties,
please read our blog on the topic.
