NLRB Unfair Labor Practice Charge (Form NLRB-501)

NLRB UNFAIR LABOR PRACTICE CHARGE PREPARATION GUIDE

Charge Against Employer — Form NLRB-501

COVERAGE GATE — COMPLETE BEFORE DRAFTING

Section 7 applies only if the charged party is an “employer” and the affected worker is an “employee” within 29 U.S.C. § 152. Record whether any exclusion applies, including a government or political-subdivision employer, Railway Labor Act coverage, supervisor status, independent-contractor status, agricultural labor, domestic service in a home, or employment by a parent or spouse. NLRB jurisdiction and statutory coverage must be established separately from whether the alleged conduct would otherwise implicate § 157.

CRITICAL DEADLINE — 6-MONTH STATUTE OF LIMITATIONS

Under Section 10(b) of the NLRA, a charge must be filed within six (6) months of the date of the alleged unfair labor practice. Charges filed after this deadline are time-barred and will be dismissed. Calculate carefully from the date of the specific conduct (e.g., date of discharge, date of unilateral change, date of refusal to bargain).

• Date of alleged ULP: [__/__/____]
• 6-month deadline to file: [__/__/____]
• Today's date: [__/__/____]

PART 1: CHARGING PARTY INFORMATION

Charging Party Type:
☐ Individual employee ☐ Group of employees ☐ Labor organization (union) ☐ Other: [____________]

Full Legal Name: [________________________________]
Address (Street, City, State, ZIP): [________________________________]
Telephone: [____________] Email: [____________]
If union, name of local and parent international: [________________________________]
Representative/Counsel (if any): [________________________________]

PART 2: EMPLOYER (CHARGED PARTY) INFORMATION

Legal Name of Employer: [________________________________]
DBA / Trade Name: [________________________________]
Address of Establishment Where Violation Occurred: [________________________________]
Employer Phone / Email: [____________]
Type of Establishment / Industry: [____________]
Approximate Number of Employees at Facility: [____]
Identify Owner, Officer, or Agent Whose Conduct Is at Issue: [________________________________]

PART 3: SECTION 8(a) VIOLATIONS ALLEGED — CHECK ALL THAT APPLY

Section 8(a)(1) — Interference, Restraint, or Coercion of Section 7 Rights

☐ Interrogating employees about union activity, sympathies, or membership
☐ Threatening discharge, plant closure, loss of benefits, or other reprisal for union support
☐ Promising or granting benefits to discourage union activity
☐ Surveilling (or creating impression of surveilling) union meetings or activity
☐ Maintaining or enforcing an overly broad work rule, handbook policy, or confidentiality rule that chills Section 7 activity
☐ Soliciting grievances with implied promise to resolve to undermine union support
☐ Prohibiting solicitation, distribution, or wearing of union insignia in protected times/places
☐ Disciplining employees for engaging in protected concerted activity (group complaints about wages, safety, working conditions)

Section 8(a)(3) — Discrimination to Encourage or Discourage Union Membership

☐ Discharge, layoff, or constructive discharge motivated by union or protected activity
☐ Demotion, suspension, or written discipline targeting union supporters
☐ Reduction in hours, unfavorable scheduling, or transfer in retaliation
☐ Refusal to hire applicants because of union affiliation (including salting cases)
☐ Lockout in violation of NLRA standards
☐ Discriminatory application of attendance, performance, or work rules

Section 8(a)(5) — Refusal to Bargain in Good Faith

☐ Refusal to recognize or bargain with certified or voluntarily recognized representative
☐ Unilateral change to wages, hours, or terms and conditions of employment without bargaining to agreement or impasse
☐ Refusal to provide relevant information requested by union for bargaining or contract administration
☐ Bypassing the union to deal directly with bargaining-unit employees
☐ Surface bargaining or bad-faith negotiation tactics
☐ Repudiation of, or unilateral midterm modification to, an existing collective bargaining agreement

Other Subsections

☐ Section 8(a)(2) — domination or unlawful support of a labor organization
☐ Section 8(a)(4) — discrimination for filing charges or giving testimony under the Act

PART 4: BASIS OF THE CHARGE — FACTUAL NARRATIVE

Sample Section 8(a)(1) Language:
"On or about [__/__/____], at [location], [Supervisor Name, Title], an agent of the Employer, interrogated employees about their support for [Union Name] and threatened that the facility would close if employees selected the Union as their bargaining representative."

Sample Section 8(a)(3) Language:
"On [__/__/____], the Employer, by [Manager Name], discharged [Employee Name] because of [his/her/their] activities on behalf of, and support for, [Union Name], and to discourage other employees from engaging in protected concerted and union activities."

Sample Section 8(a)(5) Language:
"Since on or about [__/__/____], the Employer has failed and refused to bargain in good faith with [Union Name], the exclusive collective bargaining representative of the unit, by unilaterally [implementing/changing] [describe term: wages, healthcare contributions, work schedules, etc.] without providing notice to or bargaining with the Union."

Your Statement of Facts (use additional pages as needed):

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

PART 5: BARGAINING UNIT AND REPRESENTATION STATUS (if applicable)

Is there a recognized or certified bargaining representative? ☐ Yes ☐ No
Name of Union / Local Number: [________________________________]
Date of Certification or Recognition: [__/__/____]
Description of Bargaining Unit: [________________________________]
Current CBA in effect? ☐ Yes ☐ No CBA term: [__/__/____] to [__/__/____]

PART 6: EVIDENCE CHECKLIST

☐ Names and contact information of witnesses (employees, supervisors, third parties)
☐ Written statements or affidavits from witnesses
☐ Termination notice, disciplinary write-ups, or performance reviews
☐ Personnel file and prior performance history of any discharged/disciplined employees
☐ Comparator evidence (similarly situated non-union employees treated differently)
☐ Texts, emails, voicemails, or social media posts containing threats or anti-union statements
☐ Audio or video recordings (verify state recording-consent law before relying on these)
☐ Employee handbook, work rules, and any challenged policy language
☐ Bargaining notes, proposals, counter-proposals, and correspondence
☐ Information requests sent to the employer and any responses (or non-responses)
☐ Notices or memoranda announcing unilateral changes to terms and conditions
☐ Union authorization cards, petition signatures, or other evidence of protected activity
☐ Surveillance evidence (photos of supervisors observing union activity, etc.)

PART 7: FILING INSTRUCTIONS

1. Use the official form. Download Form NLRB-501 (Charge Against Employer) from nlrb.gov. Form NLRB-508 is used for charges against a labor organization.
2. Identify the correct Region. File with the NLRB Regional Office covering the location where the unfair labor practice occurred. Find the regional office at nlrb.gov/about-nlrb/who-we-are/regional-offices.

3. File methods accepted by the Region:

   • Electronically via the NLRB E-Filing system at nlrb.gov (preferred)
   • By mail or hand delivery to the Regional Director
   • By fax (confirm Regional Office acceptance)

4. Sign and date the charge. The charge must be signed by the charging party or its authorized representative under penalty of perjury.

5. Serve the charged party. The Region will serve the charge, but retain proof of filing for your records.
6. Cooperate with investigation. A Board agent will be assigned, will request affidavits and evidence, and will determine whether to issue a complaint, seek settlement, or dismiss.

PART 8: DECLARATION

I declare under penalty of perjury that I have read the above charge and that the statements are true to the best of my knowledge and belief.

Signature of Charging Party / Representative: [________________________________]
Printed Name and Title: [________________________________]
Date: [__/__/____]

SOURCES AND REFERENCES

• 29 U.S.C. § 157 — NLRA Section 7 (Right to Organize): https://www.govinfo.gov/app/details/USCODE-2024-title29/USCODE-2024-title29-chap7-subchapII-sec157
• 29 U.S.C. § 158 — NLRA Section 8 (Unfair Labor Practices): https://www.govinfo.gov/app/details/USCODE-2024-title29/USCODE-2024-title29-chap7-subchapII-sec158
• NLRB Form NLRB-501 — Charge Against Employer: https://www.nlrb.gov/sites/default/files/attachments/basic-page/node-3040/nlrbform501.pdf
• NLRB — Section 7 and 8(a)(1) Rights: https://www.nlrb.gov/about-nlrb/rights-we-protect/the-law/interfering-with-employee-rights-section-7-8a1

This template is provided for informational purposes only and does not constitute legal advice. Have it reviewed by qualified labor counsel before filing.