Top 10 List:

How to be Successful

in Front of the NLRB

Presented by: Jessica Dietz, Officer in Charge

Subregion 36 - Portland

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

other 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 of 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