Section 4 Trial Procedure

• Library: Employer-Employee Law 2008

If settlement efforts fail, a formal complaint is issued, fixing a date and place for a hearing before an administrative law judge (ALJ). An answer must be filed within 14 days after the date of the complaint. The charging party is not required to file any pleadings but may:

• call witnesses
• cross-examine all witnesses
• make opening statements
• make and respond to motions
• argue the case orally; and
• file a brief.

The hearing is usually scheduled at the regional office of the NLRB or in the county where the violation is alleged to have occurred if it is outside the metropolitan area. Because the ALJ is based in Washington (or San Francisco), it is difficult to change the date. The location may be changed by the regional office for good cause. Hearings are typically set for a date between three and four months after the issuance of the complaint.

The complaint is somewhat vague. For example, an employer respondent will not learn which supervisor is alleged to have...