Question

Describe the procedure to be followed in the processing of an unfair labor practice complaint up through a U.S. Supreme Court decision.

Answer 1

In the very first step, the labor union, employee, the employer files a charge with the NLRB, which has to come within 6 months of the violation. A respondent is a party which is being accused. The charging party is the one filing complaint. Following which, an investigation will happen to see if there is enough evidence through interviews or other resources. In case no enough evidence would be found, the case will be dismissed. If enough evidence is there, it will lead to an effort for both parties to come to an agreement. If an agreement can’t be reached, a formal complaint will be sent and hearing will be before an administrative law judge. During the hearing, the respondents will have a chance to present their case. With the evidence in hand, the administrative law judge will send a recommendation to the board and all parties about the case. The judge can recommend an order to cease and desist or a dismissal of a complaint. With either recommendation from the judge, the courts can enforce, change, or remand the case back to the Board. However, the US Supreme Court can appeal a court of appeals case. Four of the nine judges must agree to hear the case. However, few cases are heard by the US Supreme Court. The US Supreme Court can resolve the dispute and establish a binding precedent.