29 C.F.R. § 101.8
Complaints
If the charge appears to have merit and efforts to dispose of it by informal adjustment are unsuccessful, the Regional Director institutes formal action by issuance of a complaint and notice of hearing. In certain types of cases, involving novel and complex issues, the Regional Director, at the discretion of the General Counsel, must submit the case for advice from the General Counsel before issuing a complaint. The complaint, which is served on all parties, sets forth the facts upon which the Board bases its jurisidiction and the facts relating to the alleged violations of law by the respondent. The respondent must file an answer to the complaint within 14 days of its receipt, setting forth a statement of its defense.
Notes of Decisions
Cited in 25
cases (2 in the last 5 years), 1963–2025 · leading case: Hooks Ex Rel. Nat'l Labor Relations Bd. v. Kitsap Tenant Support Servs., Inc., 816 F.3d 550 (9th Cir. 2016).
Hooks Ex Rel. Nat'l Labor Relations Bd. v. Kitsap Tenant Support Servs., Inc., 816 F.3d 550 (9th Cir. 2016). “If the charge "appears to have merit” and no settlement is reached, the Regional Director "institutes formal action by issuance of a complaint and notice of hearing,” to take place before an administrative law judge.”
1621 Route 22 West Operating Co. v. Nat'l Labor Relations Bd., 825 F.3d 128 (3rd Cir. 2016). “) As Somerset notes, the General Counsel of the NLRB has “final authority ... in respect of the investigation of charges and issuance of complaints” alleging unfair labor practices.”
Nat'l Labor Relations Bd. v. Sears, Roebuck & Co., 421 U.S. 132 (1975). “29 CFR §§ 101.8 , 102.10. A member of the staff of the Regional Office then conducts an investigation of the charge, which may include interviewing witnesses and reviewing documents.”
Inova Health Sys. v. Nat'l Labor Relations Bd., 795 F.3d 68 (D.C. Cir. 2015). “§ 160 (b); 29 C.F.R. § 101.8 . An administrative law judge (“ALF”) will hear the case and issue a decision that makes factual findings, credibility determinations, legal conclusions, and a remedial recommendation.”
Anheuser-Busch, Inc. v. Nat'l Labor Relations Bd., Nat'l Labor Relations Bd. v. Anheuser-Busch, Inc., 338 F.3d 267 (4th Cir. 2003). “See 29 C.F.R. § 101.8 (stating that if charges appear to have merit, Regional Director institutes formal action by issuing complaint and notice of hearing).”
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. §§ 101.8 , 102.15 (1985); NLRB v.”
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. § 101.8 (1998). Conversely, where the evidence is determined to be insufficient, the charge is dismissed.”
Miller v. Hotel & Restaurant Employees & Bartenders Union, Local 2, 107 F.R.D. 231 (N.D. Cal. 1985). “” 29 C.F.R. § 101.8 (1984). *239 While a decision to issue a complaint clearly does not involve a final judgment on the substance of the charges, it does trigger a mandatory petition for injunctive relief and requires the respondent to answer and defend the complaint.”
Remington Lodging & Hosp., LLC v. Ahearn, 749 F. Supp. 2d 951 (D. Alaska 2010). “1504 (citing 29 C.F.R. §§ 101.8 , 102.10). 9 . 29 C.F.”
Davis Supermarkets, Inc. v. Nat'l Labor Relations Bd., 2 F.3d 1162 (D.C. Cir. 1993). “” 29 C.F.R. § 101.8 . “If investigation reveals that there has been no violation of the Act or evidence is insufficient to substantiate the charge,” no complaint will issue.”
Ahearn v. Remington Lodging & Hosp., 842 F. Supp. 2d 1186 (D. Alaska 2012). “1504 (citing 29 C.F.R. §§ 101.8 , 102.10). . Frankl v.”
Hooks v. Int'l Longshore & Warehouse Union, Local 8, 905 F. Supp. 2d 1198 (D. Or. 2012). “2-3; see also 29 C.F.R. § 101.8 (governing issuance of unfair labor practice complaints).”
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