THE 17 STEPS TO FOLLOW AT THE NLRB WHEN THERE IS AN UNFAIR LABOR PRACTICE IS FILED
1. An individual or labor organization may file an unfair labor practice charge with a regional office in the National Labor Relations Board (NLRB) for discharges of employees for union and/ or protective concerted activities, collective bargaining and many other reasons.
2. The NLRB will investigate the charge unless there is no merit to the case and the NLRB will dismiss the charge;
3. At least FIFTY percent of all NLRB charges are for discharges of employees. This means an Employer cannot terminate an employee for their union and/ or their protected concerted activities.
4. The NLRB uses the Wright Line Standard to determine if the employee was discharge without violating the NLRB Act.
5. Under the Wright Line standard, an employee unfair labor practice charge based on discharge or discipline for engaging in protected conduct requires that the party discharged party or the general counsel must prove the adverse action establishes the following three elements:
1. The employee engaged in Section 7 activity.
2. The employer knew of that activity.
3. A causal connection exists between the Section 7 activity and the adverse action.
6. If all three elements are met, then the employer must prove it would have taken the same disciplinary action if the employee had not engaged in a protected activity.
7. Applying the Wright Line test, the NLRB will find an unfair labor practice if “the [employee] shows that the Section 7 activity was a Motivating factor in the discipline, and the employer fails to show that it would have issued the same discipline even in the absence of the related Section 7 activity.”
8. In short, engaging in Section 7 activity does not insulate employees from “nondiscriminatory discipline” under recent case law of General Motors standard, but “it is unlawful for employers to target employees who engage in Section 7 activity and subject them to discipline that would not have occurred but for that protected activity.”
9. The NLRB will ask for a response if there is sufficient evidence presented in case at the NLRB;
10.The NLRB will attempt to settle the underlying dispute:
11. If a settlement cannot be reached, the NLRB will generally issue a formal complaint against the employer;
12. If a complaint issues and the matter is not settled, an evidentiary hearing will be convened before an administrative law judge of the NLRB;
13. An administrative judge will rule on the hearing;
14. The judge’s opinion can be appealed to the NLRB in Washington, D.C.;
15. If the Judge rules in favor of the NLRB it can be appealed to the federal appellate courts;
16. An Employer found to have engaged in an unfair labor practice under the NLRA can be required to:
A. Cease and desist from any such further conduct;
B. Reinstate an employee who has been unlawfully discharged;
C. Pay back wages and restore benefits lost by an employee as a consequence of the employer’s unfair business practice;
D. Bargain in good faith and return to bargaining table for 60 days; and
E. Post a notice for violating the Act for 60 days at the Company with a non-admissions clause
17. My office will attempt to get the NLRB charge dismissed or resolved without litigation.
Fundamentals of Labor Law
Sanford Rudnick has written a book called Fundamentals of Labor Law which helps Employers practice at the NLRB. He has used this book for over 40 years.
Sanford Rudnick has gotten this book into many law schools around the country such as Harvard and USC Law School.
Also, Sanford Rudnick has gotten other books on Resolution of Conflict into the Library of Congress and many other libraries around the world.
The major problem in any election or an unfair labor practice charge, is how to resolve conflict between management and your employees. In fact, according to the NLRB there is an 16% increase in unfair labor practices charges being filed by employees or unions in 2023.
Sanford Rudnick uses these principles in these books to win elections and to resolve charge at the NLRB. Call H. Sanford
Rudnick & Associates to purchase these books at
1-800-326-3046.
IF YOU NEED ASSISTANCE IN CONDUCTING AN ELECTION MEETING, PLEASE CALL:
H. Sanford Rudnick JD: 1 800-326-3046
H. Sanford Rudnick & Associates is a full-service Labor Relations firm with 40 years of experience in negotiating union contracts, NLRB matters and all human resource matters. In fact, Mr. Rudnick has written a book called "Fundamentals of Labor Law Regarding Unions" which includes a summary on the National Labor Relations Board and Unions which is at Harvard Law School Library and other law schools around the country. Call to purchase your copy at for $29.95 800.326.3046.
We step in when your business demands your attention or when the unions or the laws or rules of the any of the following threaten the success or profitability of your business.
National Labor Relations Board (NLRB)
Equal Employment Opportunity Commission (EEOC)
Employee Motivation
Wage and Hour Surveys
Union elections
Collective bargaining
negotiations
Decertifications
The need for union avoidance
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If my firm, H. Sanford Rudnick & Associates, can be of assistance to you concerning an election,
an unfair labor practice, negotiations, your unfunded pension liability
or any other human resource matter, please contact me immediately to schedule a free telephone consultation.
Respectfully,
H. Sanford Rudnick, J.D.
Labor Consultant
800.326.3046
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