29 C.F.R. § 101.2
Initiation of unfair labor practice cases
The investigation of an alleged violation of the National Labor Relations Act is initiated by the filing of a charge, which must be in writing and signed, and must either be notarized or must contain a declaration by the person signing it, under the penalties of the Criminal Code, that its contents are true and correct to the best of the persons' knowledge and belief. The charge is filed with the Regional Director for the Region in which the alleged violations have occurred or are occurring. A blank form for filing such charge is supplied by the Regional Office upon request. The charge contains the name and address of the person against whom the charge is made and a statement of the facts constituting the alleged unfair labor practices.
Notes of Decisions
Cited in 28
cases (10 in the last 5 years), 1961–2026 · leading case: Starbucks Corp. v. McKinney, 602 U.S. 339 (2024).
Starbucks Corp. v. McKinney, 602 U.S. 339 (2024). “771, 775 (2023) (citing 29 CFR § 101.2 (2021)). A regional Director then investi- gates the charge.”
Glacier Nw., Inc. v. Teamsters, 598 U.S. 771 (2023). “29 CFR § 101.2 (2021). Agency staff investigate the charge, and if it “appears to have merit,” the agency issues a complaint against the of- fending party.”
Nat'l Labor Relations Bd. v. Sears, Roebuck & Co., 421 U.S. 132 (1975). “136 , 29 U. S. C. § 151 et seq., the process of adjudicating unfair labor practice cases begins with the filing by a private party of a “charge,”.”
Christine Kelley v. Nat'l Labor Relations Bd., 79 F.3d 1238 (1st Cir. 1996). “Charges are generally recorded on a blank form provided by the Board’s regional office, see 29 C.F.R. § 101.2 (1995), and function primarily as a mechanism for extracting early and concise statements of the positions held by the charged and charging parties.”
Starbucks Corp. v. McKinney, 602 U.S. 339 (2024). “771, 775 (2023) (cit- ing 29 CFR §101.2 (2021)). A regional Director then inves- tigates the charge.”
Amalgamated Ass'n of Street, Elec. Ry. & Motor Coach Employees of Am. v. Lockridge, 403 U.S. 274 (1971). “29 CFR § 101.2 . When the charge is received, it is filed, docketed, and given, a number ( 29 CFR § 101.”
Inova Health Sys. v. Nat'l Labor Relations Bd., 795 F.3d 68 (D.C. Cir. 2015). “29 C.F.R. § 101.2 . If the Regional Director determines that the charge has merit, then that Director can file a formal complaint against the employer.”
Nat'l Labor Relations Bd. v. Pincus Bros., Inc.-Maxwell, 620 F.2d 367 (3rd Cir. 1980). “The three criteria set forth by the Board are: [ 1] the proceedings appear to have been fair and regular, [ 2] all parties had agreed to be bound, and [ 3] the decision of the arbitration panel is not clearly repugnant to the purposes and policies of the Act.”
NLRB v. Ampersand Publ'g, LLC, 43 F.4th 1233 (9th Cir. 2022). “See 29 C.F.R. § 101.2 , 102.9. The NLRB is empowered to prevent such practices.”
Lawrence Rice & Walter Chipman v. United States, 356 F.2d 709 (8th Cir. 1966). “The Labor Board regulations, 29 C.F.R. 101.2 et seq., provide for the initiation of an unfair labor charge case by a filing of a charge in writing with the regional director.”
Dupuy v. Nat'l Labor Relations Bd., 806 F.3d 556 (D.C. Cir. 2015). “” See 29 C.F.R. § 101.2 . If the Board finds, after notice and a hearing, that an unfair labor practice has occurred, the Board “shall issue * * * an order requiring” the person violating the Act “to cease and desist from such unfair labor practice, and to take such affirmative…”
Glacier Nw., Inc. v. Teamsters, 598 U.S. 771 (2023). “29 CFR §101.2 (2021). Agency staff investigate the charge, and if it “appears to have merit,” the agency issues a complaint against the offending party.”
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