Section 46 Investigative Process

• Library: Employer-Employee Law 2008

If the initial investigation of the picketing or handbilling activity indicates a possible violation of the National Labor Relations Act (NLRA), 29 U.S.C. §§ 151 et seq., counsel’s primary source of relief will be filing a charge with the closest regional office of the National Labor Relations Board (NLRB). The location of the closest office and a wealth of other information, such as the NLRB’s rules and regulations and recent decisions, can be found on the NLRB website, www.nlrb.gov.

The key to filing a charge with the NLRB, when handbilling and picketing have taken place and time is of the essence, is for counsel to be fully prepared before arriving at the NLRB’s doorstep. Counsel should have all relevant witnesses available when the charges are filed in the NLRB’s office. Ordinarily, there is one primary witness who has sufficient facts necessary to establish a prima facie case for an NLRB filing. Because of budgetary restrictions, the NLRB is very strict regarding use of its resources to visit a job site and obtain evidence on-site. But even before the budgetary restrictions were a factor, it was common procedure for the NLRB to demand that a party filing a charge involving potential violations of NLRA § 8(b)(4),
29 U.S.C. § 158(b)(4), or NLRA § 8(b)(7), 29 U.S.C. § 158(b)(7), have the relevant witnesses appear at the NLRB offices. Photographs of the handbilling or picketing should be obtained before the charge is filed, and all photos should clearly indicate where the picketing is taking place and the wording on any picket...