top 10 list: how to be successful in front of the...
TRANSCRIPT
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