How Do You File an Unfair Labor Practice Charge?
Find out how to file an unfair labor practice charge with the NLRB and what the agency looks at after a Section 8 labor-law complaint is submitted.
To file an unfair labor practice charge, use the NLRB charge-filing process and identify the employer or labor organization conduct you believe violated rights protected by the National Labor Relations Act. Board agents investigate the charge, gather evidence, and the regional office decides whether to dismiss, seek settlement, or issue a complaint.
What to describe
Conduct
Shows the alleged unfair practice
Threat, refusal, restraint
Actor
Identifies employer or union
Manager, union representative
Protected activity
Links to NLRA rights
Organizing, discussing wages
Dates
Supports investigation timeline
Event date and follow-up
Evidence
Helps Board agents review
Messages, notes, witnesses
Do not use a charge for every labor question
An unfair labor practice charge is for alleged conduct covered by the National Labor Relations Act. Election requests, wage claims, discrimination claims, and safety complaints may belong in different processes.
File the ULP charge
- 1Identify the conduct and why you believe it violated NLRA rights.
- 2Collect dates, names, documents, messages, and witness details.
- 3Use the NLRB charge filing path or contact the covered regional office.
- 4Keep the charge confirmation and respond to investigator requests.
- 5Remember that settlement, dismissal, or a formal complaint can happen after investigation.
FAQ
What is an unfair labor practice charge?
It is a charge alleging employer or union conduct that may violate rights protected by the National Labor Relations Act, including Section 8 issues.
What happens after the NLRB investigates?
After investigation, a regional office may dismiss the charge, seek settlement, or issue a complaint if it finds merit and settlement does not resolve the case.
Is an unfair labor practice charge the same as asking for an election?
No. A charge alleges unlawful conduct. A petition starts a representation-election process or related representation case.
Sources & method
We reviewed these references while writing this answer. Figures are estimates — confirm safety-critical work with a professional. Last updated June 7, 2026.