Unfair Labor Practice - Hearing and Decision

Hearing and Decision

If the case is not settled following issuance of a complaint, then the case will proceed to hearing before an Administrative Law Judge of the NLRB. The Regional Director has the power to issue subpoenas for use by any party prior to the hearing; the Administrative Law Judge has that power once the hearing commences. The hearing is governed by the same rules of evidence that would apply in a federal court trial.

The General Counsel functions as the prosecutor in these proceedings. Just as only the General Counsel can decide whether to issue a complaint, the General Counsel has exclusive authority to decide what charges to pursue. Interested parties may, however, intervene in these proceedings to present evidence or offer alternative theories in support of the charges that the General Counsel has alleged and to seek additional or different remedies than those that the General Counsel has proposed.

The Administrative Law Judge issues a recommended decision, which becomes final if not appealed to the NLRB. While the Administrative Law Judge's credibility determinations are ordinarily given great weight by the Board, they are not binding on it. The Board likewise is free to substitute its own view of the law for that of the Administrative Law Judge and frequently reverses its own precedents.