29 C.F.R. § 101.4

Investigation of charges

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When the charge is received in the Regional Office it is filed, docketed, and assigned a case number. The Regional Director may cause a copy of the charge to be served on the person against whom the charge is made, but timely service of a copy of the charge within the meaning of the proviso to section 10(b) of the Act is the exclusive responsibility of the charging party and not of the Regional Director. The Regional Director requests the person filing the charge to submit promptly evidence in its support. As part of the investigation hereinafter mentioned, the person against whom the charge is filed, hereinafter called the respondent, is asked to submit a statement of position in respect to the allegations. The case is assigned for investigation to a member of the field staff, who interviews representatives of the parties and other persons who have knowledge as to the charge, as is deemed necessary. In the investigation and in all other stages of the proceedings, charges alleging violations of section 8(b)(4) (A), (B), and (C), charges alleging violations of section 8(b)(4)(D) in which it is deemed appropriate to seek injunctive relief under section 10(1) of the Act, and charges alleging violations of section 8(b)(7) or 8(e) are given priority over all other cases in the office in which they are pending except cases of like character; and charges alleging violations of sections 8(a)(3) or 8(b)(2) are given priority over all other cases except cases of like character and cases under section 10(1) of the Act. The Regional Director may exercise discretion to dispense with any portion of the investigation described in this section as appears necessary in consideration of such factors as the amount of time necessary to complete a full investigation, the nature of the proceeding, and the public interest. After investigation, the case may be disposed of through informal methods such as withdrawal, dismissal, or settlement; or the case may necessitate formal methods of disposition. Some of the informal methods of handling unfair labor practice cases will be stated first.

Notes of Decisions

Cited in 21 cases (4 in the last 5 years), 1963–2025 · leading case: Amalgamated Ass'n of Street, Elec. Ry. & Motor Coach Employees of Am. v. Lockridge, 403 U.S. 274 (1971).

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Amalgamated Ass'n of Street, Elec. Ry. & Motor Coach Employees of Am. v. Lockridge, 403 U.S. 274 (1971). · cites it 2× “When the charge is received, it is filed, docketed, and given, a number ( 29 CFR § 101.4 ) and assigned to a membér of the field staff for investigation.”

Christine Kelley v. Nat'l Labor Relations Bd., 79 F.3d 1238 (1st Cir. 1996). · cites it 3× “14 (1995); see also 29 C.F.R. § 101.4 (1995) (investigation of charges) (“[T]imely service of a copy of the charge .”

Hooks Ex Rel. Nat'l Labor Relations Bd. v. Kitsap Tenant Support Servs., Inc., 816 F.3d 550 (9th Cir. 2016). “29 C.F.R. § 101.4 . "After investigation, the cáse may be disposed of through informal methods such as withdrawal; dismissal, or settlement.”

Glacier Nw., Inc. v. Teamsters, 598 U.S. 771 (2023). “” 29 CFR §§ 101.4 , 101.8. One “cannot credibly contend that a claim that makes it through this gauntlet does not concern conduct `arguably' protected by the NLRA.”

Nat'l Labor Relations Bd. v. Sears, Roebuck & Co., 421 U.S. 132 (1975). “29 CFR § 101.4 . If, on the basis of the investigation, the Regional Director believes the charge has merit, a settlement will be attempted, or a complaint issued.”

Nat'l Labor Relations Bd. v. Local 264, Laborers' Int'l Union of North Am., 529 F.2d 778 (8th Cir. 1976). · cites it 2× “After filing and service of the charge, the Board initiates its investigation and will generally notify the respondent and ask him to express his position regarding the allegations in the charge.”

United Food & Com. Workers Int'l Union Local No. 576, Afl-Cio v. Nat'l Labor Relations Bd., 675 F.2d 346 (D.C. Cir. 1982). · cites it 3× “29 C.F.R. § 101.4 (1981). The regional director, however, “in his discretion” may dispense with any portion of the investigation if he considers that action to be necessary in light of such factors as the time required, the nature of the proceeding, and the public interest.”

Title Guarantee Co. v. Nat'l Labor Relations Bd., 407 F. Supp. 498 (S.D.N.Y. 1975). · cites it 2× “5; 29 C.F.R. § 101.4 . The Regional Director denied the request citing Exemptions 5 and 7(A), 7(C), and 7(D) of the Act, 5 U.”

Gulf States Mfrs., Inc. v. Nat'l Labor Relations Bd., 598 F.2d 896 (5th Cir. 1979). “” 29 C.F.R. § 101.4 . The person against whom the charges are filed is given an opportunity to respond.”

Nat'l Labor Relations Bd. v. Arthur Collier, D/B/A Arthur Collier Elec. Co., 553 F.2d 425 (5th Cir. 1977). “29 C.F.R. § 101.4 . At oral argument the Board’s counsel stated that the charges were filed “about a month after the layoffs” and that the employer’s investigation occurred “at that time.”

Hosp. & Serv. Employees Union, Local 399, Serv. Employees Int'l Union, Afl-Cio v. Nat'l Labor Relations Bd., 798 F.2d 1245 (9th Cir. 1986). “See 29 C.F.R. § 101.4 (1985). Moreover the charges themselves are meant only to set in motion the machinery of an inquiry, while the complaint is particularly designed to give notice of the substance of the charges.”

Murry v. Am. Fed'n of State, Cnty. & Mun. Employees, Local 1111, 712 N.E.2d 874 (Ill. App. Ct. 1999). “29 C.F.R. § 101.4 (1998); 48A Am. Jur. 2d Labor & Labor Relations § 2667 (1994).”

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