in Front of the NLRB Presen ented ed by: Jess ssica ica Dietz, - - PowerPoint PPT Presentation

Top 10 List: How to be Successful in Front of the NLRB

Presen ented ed by: Jess ssica ica Dietz, etz, Officer icer in Charg arge Subregion egion 36 - Portland nd

Tips for Success

• How to be prepared before filing
• Representation Petitions
• Unfair Labor Practice Charges
• Practical information for case processing
• Understanding the mechanics of the Regional decisions
• Resources available to you for free information

Tip #1 – Filing Representation Petitions

• Incomplete/unserved petition paperwork is a big problem! We can’t

docket your petition if it is not correctly filed Solutions:

• Use current forms available at www.nlrb.gov/resources/forms
• New Representation Case Rules effective April 14, 2015
• READ and FOLLOW all instructions regarding serving your petition and
• ther required documents

Tip #2 – Processing Representation Petitions

• Don’t file your petition and go on vacation!
• Hearing set 8 days from filing date
• Petitioner postponement requests not customarily granted
• Be responsive to the Board Agent and return calls/emails promptly
• Line up sources of information in advance – have employees available

who can answer questions/give feedback so you can respond to Board Agent questions

Tip #3 – Filing Unfair Labor Practice Charges

• Use the online filing wizard at www.nlrb.gov
• Not required, but may be easier for you
• Can check allegations off from a list
• Can electronically sign and file
• You can upload and e-file a charge you have already filled out and signed at

www.nlrb.gov

• Do not wait 5 months and 28 days to file (and serve) your charge!
• 6 month statute of limitations
• Amendments often needed, may not be able to amend past 6 months

Tip #4 – Working with Witnesses

• It is the responsibility of the party filing the charge to have witnesses to

support the ULP charge allegations

• Talk to your witnesses in advance so you can tell the Board Agent what

you expect the testimony/evidence will be

• Have your witnesses lined up, ready to cooperate and have their

contact info available for the Board Agent

• If you have nervous witness, tell the Board Agent so that they can

carefully explain the process

Tip #5 – The ULP Investigation

• If you have documents, provide them at the beginning of the investigation

(after filing, before first affidavit)

• Be responsive to Board Agent contacts
• Promptly return calls/emails
• Explain your theory of the violation to the Board Agent
• Charge language is usually general
• Your theory may not obvious!
• Board Agent may question/challenge your theory – this is okay
• You may be asked to present additional evidence that you did not anticipate

Tip #6 – The Decisional Process

• We are neutral in the investigation and decisional process
• The Board Agent reports the case to the Regional Director
• The Board Agent presents evidence in support of, as well as evidence

against, a violation and cites the relevant legal authorities

• The Board Agent recommends a decision, but the Regional Director is

the actual decision maker

Tip #7 - Withdrawal vs. Dismissal

• If your charge has no merit, the Board Agent ask if you want to withdraw the charge or

have it dismissed

• Withdrawal
• No decision is communicated to the other side
• Based on timing, they other side may assume a no merit decision
• No appeal rights
• Dismissal
• Letter issues to all parties stating no merit
• Can have short or long form letter (long form has summary of decision)
• Gives appeal rights

Tip #8 – Deferral of Your Charge

• If your charge is deferred, you have responsibilities
• If a grievance is already on file
• Process it through the contractual procedure
• If a grievance is not yet filed
• Promptly file a grievance over the ULP issue that was deferred and process it
• If you abandon or settle the grievance, we will solicit withdrawal of the ULP charge
• We send status letters for deferral cases – respond to them! If not, you risk dismissal
• f your charge

Tip #9 – Available Remedies

• If you are unsure, ask the Board Agent what the potential remedies are if your case

has merit

• Our remedies are limited by the Act itself and case law
• 60 day Notice posting – physical, intranet, e-mail
• Offer of reinstatement (discharge cases)
• Backpay and benefits
• Other remedies as appropriate
• You may be able to achieve a different or better remedy via a non-Board resolution
• Withdrawal of your charge must be approved by the Regional Director

Tip #10 – Free Information

• The www.nlrb.gov website has a wealth of information
• Forms for filing
• Case documents
• Manuals
• Board decisions
• You can call the NLRB and speak with an Information Officer
• We do not provide legal advice
• We can discuss your issue with you and assist you with forms
• Toll free: (866) 667-NLRB
• Portland office: (503) 326-3085