Complaints for unfair labor practices are filed with the National Labor Relations Board by completing a charge form and submitting it to the NLRB regional office that has jurisdiction, explains the National Labor Relations Board. Complainants receive assistance in filing charges from the information officer at their regional office.
Once the NLRB accepts a complaint, it conducts an investigation, notes the NLRB. The investigation is conducted by Board agents, who gather evidence, including affidavits from the parties involved and any witnesses. The results of the investigation are then reviewed by the regional director. The regional director issues a decision either dismissing the charge or issuing a complaint and notice of hearing. This process takes an average of seven to 12 weeks, during which many complaints are withdrawn because the parties settle. If the regional director dismisses the complaint, the complainant may appeal to the Board.
Hearings are held before an administrative law judge. The losing party may appeal to the Board. The party that loses the Board hearing may file a lawsuit with the court of appeals in the appropriate federal circuit. Federal courts of appeal hear NLRB cases appealing the Board's decision or demanding enforcement of the NLRB's ruling. The losing parties in federal appeals court may take their cases to the U.S. Supreme Court.