Champions Of Labor For More Than 40 Years

Investigating Unfair Labor Practice Claims

Q: What is the National Labor Relations Board's (NLRB) role in investigating ULP charges?

The NLRB acts as a neutral agency that investigates unfair labor practice charges. It evaluates evidence to determine whether a violation occurred and may pursue settlement or formal legal action before an administrative law judge if warranted.

Q: Can a union member file a ULP charge directly with the NLRB, or must the union do it?

An individual union member may file an unfair labor practice charge directly with the NLRB without relying on the union. This allows employees to pursue claims independently if they believe their labor rights have been violated.

Q: How long does the NLRB investigation process take?

The length of an NLRB investigation varies depending on the complexity of the case and available evidence, but it may take several weeks to several months. Additional time may be required if the case proceeds to formal hearings or settlement discussions.

Q: How can a union address grievances that might lead to unfair labor practice claims?

Unions can address grievances by maintaining clear procedures, communicating effectively with management, and resolving disputes through negotiation or mediation. Proactive efforts may help prevent issues from escalating into formal unfair labor practice claims.

Each year, the National Labor Relations Board (NLRB) investigates 20,000 to 30,000 alleged violations of the National Labor Relations Act. This act, first instituted in 1935, created the NLRB to protect the rights of workers to improve their wages and working conditions.

Pitta LLP has championed the legal rights of organized labor for 40 years. Our lawyers can provide skilled representation related to unfair labor practice claims, whether they are directed at a union or a public or private employer.

Defending Unions Against Charges Of Unfair Labor Practices

The lawyers of our firm take unfair labor practice claims against unions seriously and stand ready to assist your labor organization in mounting a credible defense. We have represented union clients against the following charges, among others:

Not processing a grievance in a timely manner
Fining employees who are former union members for crossing a picket line during a strike
Expelling employees from union membership for participating in an investigation by the NLRB

Our firm carefully investigates all charges and looks for mitigating factors for our clients. We can help you settle with the party filing the grievance, or represent you in front of the NLRB administrative law judge if the case advances to that level.

Filing Charges Of Unfair Working Conditions By An Employer

If a union member’s complaint is with their employer, our attorneys can assist in arbitration or litigation to resolve the matter. Some of the situations our firm can handle include:

Company interference in the formation of a union
Refusal to negotiate with a union that is the lawful representative of the company’s employees
Employer actions toward an employee that violate collective bargaining agreements, including sudden changes in hours, shifts and the like

Our legal team has decades of experience practicing in labor law and will defend employees who have suffered because of the fact that they hold a union membership or who have had the benefits promised them through collective bargaining denied.

Frequently Asked Questions On Unfair Labor Practice (ULP) Claims

In our 40 years of championing for the best under labor, employment and employee benefits, we have encountered various queries. Here are answers to some of the questions.

What is the National Labor Relations Board’s (NLRB) role in investigating ULP charges?

The NLRB is a neutral investigator and prosecutor who handles unfair labor practice charges. Once a charge is filed, the agency conducts an independent investigation to determine whether sufficient evidence supports the claim.

If the investigation finds merit in the allegations, the NLRB may attempt to facilitate a settlement or proceed with legal action before an administrative law judge. This helps ensure that labor laws are enforced fairly and consistently while protecting employees’ rights to organize and bargain collectively.

Can a union member file a ULP charge directly with the NLRB, or must the union do it?

A union member does not need to rely on the union to file a ULP charge. This is because they can submit the charge directly to the NLRB. While unions often file complaints on behalf of their members, anyone who believes their labor rights have been violated has the right to file an independent complaint.

This process allows employees to have direct access to legal protections, even if their union does not pursue action. However, consulting with the union before filing may be beneficial to assess available options and strategies.

How long does the NLRB investigation process take?

The length of an NLRB investigation depends on the complexity of the case and the evidence involved. On average, a preliminary investigation ranges from a few weeks to several months.

If the case moves forward to formal proceedings, it may take additional time to resolve through hearings or settlements.

While the NLRB aims to process cases efficiently, delays can occur due to the need for witness statements, document reviews and negotiations.

How can a union address grievances that might lead to unfair labor practice claims?

To prevent unfair labor practice disputes, unions should address workplace grievances through collective bargaining and open communication with the management.

Establishing clear grievance procedures, advocating for fair labor policies and engaging in mediation when conflicts arise can help resolve issues before they escalate to legal action. Additionally, educating members about their rights and how to document potential violations can strengthen the union’s ability to protect workers effectively.

Contact Our Firm For More Information

Pitta LLP represents union clients throughout New York and New Jersey and has three convenient locations — one in Albany and two in New York City (Manhattan). We understand employment law and benefits. Call 212-257-3973 or email us to set up a consultation.