In broad terms, the NLRB makes it unlawful for an employer to:[3] The Act similarly bars unions from: Applying this general language to the real world requires, in the words of Supreme Court Justice Felix Frankfurter, "distinctions more nice than obvious".
[9] The General Counsel of the NLRB is responsible for investigating unfair labor practice charges and making the decision whether to issue a complaint.
[9] In those cases the General Counsel does not dismiss the charge, but holds it in abeyance while the parties to the contract arbitrate their contractual dispute.
If the Region finds merit in the charge it will file a formal complaint setting out the violations of the law allegedly committed by the respondent.
[9] While the Act requires that the original unfair labor practice be filed within six months, there is no comparable statute of limitations for issuance of a complaint.
The complaint may also be amended in some circumstances to include other alleged violations of the Act not specified in an unfair labor practice charge.
If the General Counsel believes that there is cause to issue complaint, then he can seek injunctive relief from a federal district court under Section 10(j) of the Act.
Injunctive relief is usually ordered when necessary to preserve the status quo pending the Board's decision on the complaint or to prevent employees from suffering irreparable harm.
The General Counsel does not have to prove that the allegations in the complaint are well-founded, but only that he has some evidence, together with an arguable legal theory, to support his claims.
The Court of Appeal reviews the Board's decision to determine if it is supported by substantial evidence and based on a correct view of the law.
The court may also reverse Board actions that it considers to be an abuse of the NLRB's discretion, typically in the choice of remedies to be applied.
If the Court of Appeals enforces the Board's order then the case will return to the Region for it to monitor the respondent's compliance.