This pamphlet contains a general explanation 

what the National Labor Relations Board is an

what it does with respect to the processing 

unfair labor practice charges. Although the pam

phlet cannot provide answers to all questions, 

does contain useful information which will b

helpful to you. 

What is the


National Labor Relations Board?


We are an independent federal agency esta

lished to enforce the National Labor Relation

Act (NLRA). 

As an independent agency, we are not part 

any other government Agency—such as th

Department of Labor. 

What Are Your Rights


As An Employee Under the NLRA?

Examples of Your Rights As An Employee Und

the NLRA Are: 

Forming, or attempting to form, a unio

among the employees of your employer. 

Joining a union whether the union is reco

nized by your employer or not. 

Assisting a union in organizing your fello

employees. 

Engaging in protected concerted activitie

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Generally, ‘‘protected concerted activity’’ 

group activity which seeks to modify wage

or working conditions. 
Refusing to do any or all of these thing

However, the union and employer, in 

State where such agreements are pe

mitted, may enter into a lawful union-sec

rity clause requiring employees to join th

union. 

The NLRA forbids employers from interferin

with, restraining, or coercing employees in th

exercise of rights relating to organizing, formin

joining or assisting a labor organization for co

lective bargaining purposes, or engaging in co

certed activities, or refraining from any suc

activity. Similarly, labor organizations may not r

strain or coerce employees in the exercise 

these rights. 

Examples of Employer Conduct 

Which Violate the NLRA Are: 

Threatening employees with loss of jobs 

benefits if they join or vote for a union 

engage in protected concerted activity. 

Threatening to close the plant if employee

select a union to represent them. 

Questioning employees about their unio

sympathies or activities in circumstance

that tend to interfere with, restrain or coerc

employees in the exercise of their righ

under the Act. 

Promising benefits to employees to discou

age their union support. 

Transferring, laying off, terminating 

assigning employees more difficult wo

tasks because they engaged in union 

protected concerted activity. 

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Examples of Union Conduct 

Which Violate the NLRA Are: 

Threats to employees that they will los

their jobs unless they support the union

activities. 

Refusing to process a grievance becaus

an employee has criticized union officers. 

Fining employees who have validly resigne

from the union for engaging in protecte

activity following their resignation. 

Seeking the discharge of an employee f

not complying with a union shop agreemen

when the employee has paid or offered 

pay a lawful initiation fee and periodic due

Refusing referral or giving preference in 

hiring hall on the basis of race or unio

activities. 
What We Do Not Do . . . 

We do not enforce— 

Various federal laws within the jurisdiction 

the Department of Labor. For example: 

Fair Labor Standards Act


Wage Garnishment Provisions of Variou

Statutes 

Public Contracts Act 

Service Contract Act 

Davis-Bacon and Related Acts 

Contract Work Hours and Safety Standard

Act. 

Various state laws relating to employmeet. F

example: 

Unemployment Compensation Statutes 

Workman’s Compensation Statutes 

Equal Employment Statutes. 

Various statutes within the jurisdiction of th

Equal Employment Opportunity Commission. 

IF YOU HAVE ANY QUESTION ABOUT TH

RELATIONSHIP OF THESE LAWS TO OU

AGENCY OR THE APPLICATION OF OUR LAW 

TO YOUR SITUATION, PLEASE SEE TH

INFORMATION OFFICER. 

5 
Are You Excluded


From the NLRA’s Coverage?


The NLRA specifically excludes from its co

erage individuals who are: 

employed as agricultural laborers. 

employed in the domestic service of any pe

son or family in a home. 

employed by a parent or spouse. 

employed as an independent contractor. 

employed as a supervisor. 

employed by an employer subject to the Ra

way Labor Act. 

employed by a Federal, State or local gover

ment. 

employed by any other person who is not a

employer as defined in the NLRA. 

IF YOU HAVE ANY QUESTION ABOU

WHETHER YOU ARE EXCLUDED FROM TH

NLRA’s COVERAGE, PLEASE SEE TH

INFORMATION OFFICER. 

When Do We Take Action? 

If you have any question regarding your wo

situation that you would like to discuss with th

Agency, our Information Officer will be happy 

speak with you. The Information Officer is a pr

fessional who is experienced in the investigatio

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of unfair labor practice charges. The Informatio

Officer can be contacted by phone, mail or 

person to discuss the question which you wish 
present to the Agency. The Information Offic

can provide you with information which will assi

you in deciding whether or not to file an unfa

labor practice charge. 

If you wish to file a charge, we can provide yo

with the appropriate forms and assistance 

completing these forms. 

You should be aware that the Act provides th

allegations of unfair labor practice violation

must be filed and served within 6 months of th

occurrence of the conduct alleged as violative. 

What Can You Expect, 

If You File a Charge? 

If you file a charge, you should be prepared 

tell us the name and address of the employer 

union against whom you are filing the charge. 

addition, you must tell us the nature of your com

plaint. You will be required to state your curre

address on the charge form as well as sign th

charge. 

A copy of the charge will be served upon th

employer or union against whom you are com

plaining. 

After the charge is filed, we will receive your ev

dence in support of the charge. Receipt of yo

evidence, including sworn statements, may occ

at the time you file the charge. If this does n

happen, an NLRB agent will contact you short

after the charge is filed for the purpose of recei

ing your evidence in support of the charge. 

If sufficient evidence is revealed to warrant th

continuation of the investigation, the Board age

assigned to your case will contact other w

nesses who possess relevent information an

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the charged union or employer 
Following the investigation of this matter, a r

view of the evidence will be made. If it appea

that no violation of the NLRA has taken plac

the Board agent will ask you to withdraw th

charge. If you decide not to withdraw, the R

gional Office will dismiss your charge. You w

then have the opportunity, if you desire, to a

peal the Region’s dismissal to the Office of A

peals in Washington, D.C. 

If after reviewing the evidence it appears that 

violation has occurred, the charged employer 

union will be asked to remedy the violation. If th

charged party refuses to voluntarily remedy th

matter, a formal complaint will issue against th

charged party and the case will be set for 

hearing before an Administrative Law Judg

During the hearing evidence will be presente

concerning the allegations of the complaint. Th

hearing before the Administrative Law Judge an

its possible review by the Board or U.S. Cour

will determine what, if any, remedy you may r

ceive as a result of your charge. 

NLRB Offices: 

Our office addresses are located in the tel

phone directory under the United States Gover

ment, National Labor Relations Board. 

The address and phone number of the offic

closest to you is: 

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