NLRBULPC0001

Section 10 of the National Labor Relations Act, 29 U.S.C. § 151 et seq., establishes an adjudicative scheme for the “prevention” of unfair labor practices by employers and unions—that is, conduct proscribed by § 8 of the Act, 29 U.S.C. § 158, such as firing an employer for union activity. (Cases under this scheme are commonly called "C" cases, to distinguish them from "R" cases involving union representation.) The process begins with the filing “by any person” of an unfair labor practice charge with the National Labor Relations Board's regional director for the region in which the alleged violation has occurred. (The regional director works under the Board’s general counsel, a presidential appointee independent of the board who investigates and prosecutes allegations of unfair labor practices.) If the regional director finds sufficient evidence to support the charge, he/she issues a complaint. (The regional director's decision not to issue a complaint may be appealed to the general counsel.) A formal, hearing conducted under the APA is then held before an administrative law judge (ALJ). Following the hearing, the ALJ prepares a decision, which includes a recommended order. Either party—that is, either the respondent union/employer or the Board's general counsel—may file “exceptions” to (that is, appeal) the ALJ’s decision with the five-member Board in Washington. (The Board may act, and often does act, through three-member panels.) The Board then issues a final decision on the complaint. If the Board finds that the respondent employer or union has violated the Act, it issues a decision so finding and awarding appropriate relief; the Board’s decision is subject to review in a court of appeals. If the Board finds no violation, it dismisses the complaint; an order dismissing a complaint is not subject to judicial review.