Investigation and Processing of The Charge
The General Counsel of the NLRB is responsible for investigating unfair labor practice charges and making the decision whether to issue a complaint. This job is delegated to the Regional Director of the region of the NLRB in which the charge has been filed; the Regional Director in turn assigns it to an employee of the region. It is the responsibility of the charging party to identify the witnesses who can support its charge; should it fail to do so the Regional Director will typically dismiss the charge.
The Regional Director generally seeks to reach a decision as to whether to issue a complaint or to dismiss the charge within thirty days of the filing of the charge. The Region may also ask the charging party to amend its charge to eliminate unsupported claims in an otherwise meritorious charge or to add new claims uncovered by the Region in the course of its investigation.
A party unsatisfied with the Regional Director's decision to dismiss its charge can appeal the dismissal to the office of the General Counsel. The General Counsel's decision to dismiss a charge is not subject to further appeal and cannot be challenged in court.
If the issues raised by an unfair labor practice charge could also be resolved through the grievance and arbitration procedure of the collective bargaining agreement covering these employees, then the General Counsel may defer the case to arbitration. In those cases the General Counsel does not dismiss the charge, but holds it in abeyance while the parties to the contract arbitrate their contractual dispute.
Read more about this topic: Unfair Labor Practice
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