What is the process for challenging an unfair labor practice?
In Maryland, the process for challenging an unfair labor practice begins with filing a charge with the National Labor Relations Board (NLRB). The charge must be signed and submitted on behalf of the person(s) affected by the unfair labor practice and must be submitted within six months of the time the unfair labor practice occurred. Once the charge is received, the NLRB will investigate the allegations and may decide to issue a complaint. After the NLRB issues a complaint, a hearing is conducted in front of an Administrative Law Judge who will then decide whether the unfair labor practice occurred and what remedy is appropriate. The judge may order that the employer take corrective action, such as reinstatement, back pay, and other remedies. Additionally, the judge may order that the employer or union post notices of the decision in the workplace. If the decision is unsatisfactory, either the person(s) who filed the charge or the employer may appeal the ruling to the full NLRB. The NLRB can overturn the decision of the Administrative Law Judge or can remand the case for further proceedings. If an appeal is unsuccessful, either party may choose to appeal to a United States Court of Appeals. The court may affirm the ruling of the NLRB, or it may reverse the decision. If the decision is reversed, the court can choose to order the NLRB to issue a different result or order the NLRB to conduct further proceedings.
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