NLRB charges and collective bargaining
The NLRB-and-bargaining surface tracks two related but distinct workstreams: unfair-labor-practice charges filed against the workspace (whether by a union, an individual, or a competing employer), and collective-bargaining sessions for CBAs in negotiation. Each has its own file, its own timeline, and its own audit posture — and both rely on the workspace acting consistently with what its prior position has been.
TL;DR — ULP charges land in ELR → NLRB → New charge. Bargaining rounds live in ELR → Bargaining → Open table. Each ULP file tracks the agency timeline (Region investigation, Complaint, ALJ, Board). Each bargaining table tracks proposals, counter-proposals, tentative agreements, and impasse declarations. The two cross-link automatically when a ULP grows out of a bargaining matter.
Before you start
- For ULPs: have the NLRB Charge Form 501 (or state-board equivalent) and the regional office that's investigating.
- For bargaining: confirm the table membership (workspace team + union team), the CBA being negotiated (renewal, successor, initial), the ground rules previously agreed (if any).
- For both: outside labor counsel is the norm. The NLRA is a field where consistency matters more than ad-hoc judgment; counsel keeps the workspace's positions aligned.
Unfair-labor-practice charges
Log a new charge
Open ELR → NLRB → New charge
A two-section form opens.
Enter charge metadata
Region office, case number, charging party (union or individual), date served, alleged sections of the Act (typically 8(a)(1), 8(a)(3), 8(a)(5), occasionally 8(b) when a union is charged).
Upload the charge form + cover letter
The Region's cover letter sets the response deadline (often ~10 days for position statement).
Cross-link any related matter
A ULP often grows out of a discipline, a layoff selection, or a contract dispute. Link the relevant ELR file so the record travels together.
Submit
The file opens. A litigation hold attaches to named employees + the related ELR file automatically.
Track the ULP through agency phases
| Field | What it does | Accepted values / default |
|---|---|---|
| Regional investigation | Region office investigates the charge. | Workspace responds via position statement + affidavits + witness availability. Outcome: dismissal, withdrawal, settlement, or Complaint. |
| Complaint + answer | Region issues a formal complaint; workspace files an answer. | Answer is due within statutory window (typically 14 days). Late answer admits the allegations. |
| ALJ hearing | Administrative Law Judge hears the case. | Trial-like; witnesses + exhibits + post-hearing briefs. ALJ issues a decision. |
| Board exceptions | Either side may file exceptions with the NLRB Board. | Board reviews ALJ decision; decision can take many months. |
| Court of Appeals | Board orders are enforced by Courts of Appeals. | Limited judicial review (substantial-evidence standard for facts). |
Common ULP allegations
| Field | What it does | Accepted values / default |
|---|---|---|
| Section 8(a)(1) | Interfering with employee rights to organize. | Watch for: surveillance of organizing activity, no-talk rules, anti-union statements timed near elections. |
| Section 8(a)(3) | Discrimination because of union activity. | Hiring / firing / discipline / promotion / benefits decisions where union activity is alleged to be the motive. |
| Section 8(a)(5) | Refusal to bargain in good faith. | Unilateral changes to mandatory subjects without notice + opportunity to bargain are the classic 8(a)(5). |
| Section 8(b) | Union unfair-labor-practices. | Less common in the workspace's file — workspace is the charging party, not the charged. |
Collective bargaining
Open a bargaining table
Open ELR → Bargaining → New table
For a new round (initial, renewal, successor, or re-opener).
Identify the CBA and the bargaining unit
The unit is the group of employees the agreement covers; confirm it matches the certified or recognized scope.
Add the table members
Workspace team (lead negotiator, HR, finance liaison, ops liaison, counsel) + union team (chief negotiator + committee). Optional observers per ground rules.
Set the ground rules
Meeting cadence, notice for proposals, ratification process, confidentiality posture, what's open / closed once tentatively agreed. Pre-filled from prior round.
Open the table
Sessions can now be scheduled. The proposal log opens.
Track sessions and proposals
| Field | What it does | Accepted values / default |
|---|---|---|
| Session log | Every meeting at the table. | Date, attendees, summary, agreed next steps, action items. |
| Proposal log | Every article-level proposal + counter-proposal exchanged. | Versioned. Each version captures the proposer, the article, the substantive change, and the response. |
| Tentative agreements | Articles where both sides have signed off subject to whole-package + ratification. | Marked TA in the log; reverts only on documented re-opener. |
| Open items | What hasn't been TA'd. | Auto-updated. The list narrows over the round; the last item closed is usually wages. |
| Counter-offer cycle counter | How many rounds of back-and-forth a given article has seen. | High counters often signal impasse risk on that article. |
Impasse
If the parties have bargained in good faith to a genuine stand-still on a mandatory subject, the workspace may declare impasse and implement its last best offer — but the standard for genuine impasse is high, and a premature declaration is itself a ULP.
| Field | What it does | Accepted values / default |
|---|---|---|
| Declaration | Workspace files an impasse declaration with documented basis. | Basis must show good-faith effort + no realistic prospect of agreement. Counsel review is non-optional. |
| Mediation (FMCS) | Federal Mediation and Conciliation Service may be requested. | Mediation often unblocks impasse without litigation; the file tracks mediation sessions like any other table session. |
| Implementation of last best offer | Workspace implements the offer that was on the table at impasse. | Must match the offer precisely. Any deviation reopens the question. |
| Resumption of bargaining | Either side may request return to the table. | Refusing to return is itself an 8(a)(5) risk. |
Common gotchas
- "A manager wants to make a unilateral schedule change for a CBA-covered unit." Likely 8(a)(5) — mandatory subject, no bargaining = a charge waiting to happen. Route through bargaining even if you think the union will agree.
- "The Region wants witness availability before the position statement is final." Provide availability separately from the statement — the Region needs to schedule investigators, not wait for the position. Don't let the statement deadline pressure the availability response.
- "A discipline matter happened during bargaining." Discipline isn't paused by bargaining, but it IS scrutinized — 8(a)(3) charges are common after discipline during organizing or bargaining. Document the non-discriminatory basis with extra rigor.
- "We want to share bargaining details broadly." Ground rules control. Even without explicit rules, broadcasting opening positions to the unit during early sessions can be construed as direct-dealing (an 8(a)(5)).
- "The previous round used a different file system." Import the prior round's outcomes (TA'd articles, final CBA) into the new table's reference set — bargaining history is a major part of the workspace's position.
Troubleshooting
| Error code | What it means | Fix |
|---|---|---|
ULP_HOLD_FAILED | Litigation hold couldn't attach to a linked ELR file. | Re-run the hold from the file; confirm the linked file exists and is in the same workspace. |
ULP_RESPONSE_DEADLINE_MISSED | Position statement window has elapsed. | Contact the Region office immediately for an extension; document the contact. |
BARGAINING_TA_REOPENED | An article previously TA'd was reopened. | Document the rationale + union acceptance of re-opener; otherwise it's an unilateral repudiation. |
BARGAINING_IMPASSE_REQUIRES_COUNSEL_REVIEW | Impasse declaration attempted without counsel sign-off. | Counsel must review and attest the impasse record before declaration. |
How this is recorded
Both files are append-only. The ULP file is the discoverable record in any subsequent agency or court proceeding. The bargaining file is the workspace's position memory across rounds — important not just for the current CBA but for the next one, where pattern + practice become evidence of mutual intent. Retention: longest of NLRB records-keeping floor, applicable CBA term + reasonable buffer, and workspace audit-log retention.
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