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What Happens After I File My Charge?

What happens after I file my Charge?  

After an unfair labor practice charge has been filed, it will proceed as follows: 

Flow chart of unfair labor practices process

The Investigation Phase 

  • An Unfair Labor Practice Charge is filed. 
  • The Charge will be reviewed to determine whether it is properly filed. 
  • Improperly filed charges may be returned. 
  • The Investigator will issue letters to the parties requesting information. 
  • The Investigator will conduct the investigation and issue a report to the Board. 
  • The Board will do an independent review of the information. 
  • The Board will accept the recommendation or issue an alternative. 

Flow chart of steps in the determination phase

The Determination Phase 

  • The Board will determine whether there is probable cause to believe that an unfair labor practice has occurred. 
  • If the Board determines there is no probable cause, the Board will issue a directive dismissing the case. 
  • If the Board determines there is probable cause, the Board will order mediation and a hearing. 
  • A complaint will be issued if mediation is not successful.  
  • The matter will go to a hearing before an Administrative Law Judge. 
  • The matter will go before the Board for final determination.