After a charge has been filed, if it appears to the Regional Director that formal proceedings may be instituted, the Director will issue and serve on all parties a formal complaint in the Board's name stating the alleged unfair labor practices and containing a Notice of Hearing before an Administrative Law Judge at a fixed place and at a time not less than 14 days after the service of the complaint. The complaint will contain:
(a) A clear and concise statement of the facts upon which the Board asserts jurisdiction, and
(b) A clear and concise description of the acts which are claimed to constitute unfair labor practices, including, where known, the approximate dates and places of such acts and the names of Respondent's agents or other representatives who committed the acts.
Notes of Decisions
Boch Imports, Inc. v. Nat'l Labor Relations Bd., 826 F.3d 558 (1st Cir. 2016).
· cites it 2× “§ 160(b); 29 C.F.R. § 102.15 . The Board's complaint alleged that certain portions of the policies in Boch's 2010 employee handbook violated Section 8(a)(1) of the NLRA.”
BP Am. Prod. Co. Ex Rel. Amoco Prod. Co. v. Burton, 549 U.S. 84 (2006).
“§ 45 (b) (requiring the Federal Trade Commission to serve a “complaint” on a party suspected of engaging in an unfair method of competition); 29 CFR § 102.15 (2006) (a “complaint” initiates unfair labor practice proceedings before the National Labor Relations Board).”
Nat'l Labor Relations Bd. v. G&t Terminal Packaging Co., Inc., Mr. Sprout, Inc., Chain Trucking, Inc., Tray Wrap, Inc., & Slow Pack, Inc., 246 F.3d 103 (2d Cir. 2001).
“We noted above, see ante at note 4, that Strumpf was respondent's sole witness with respect to a critical issue on appeal — namely, the dispute over what happened at the June 10, 1994 meeting.”
United Nat. Foods v. NLRB, 66 F.4th 536 (5th Cir. 2023).
· cites it 2× “” 29 C.F.R. § 102.15 . In this case, the relevant regional director was Ronald K.”
Christine Kelley v. Nat'l Labor Relations Bd., 79 F.3d 1238 (1st Cir. 1996).
“First,' despite appellant’s assertions to the contrary, it is not settled that charge filing and service may be accomplished by two different documents containing similar information.”
Boyle's Famous Corned Beef Co. v. Nat'l Labor Relations Bd., 400 F.2d 154 (8th Cir. 1968).
· cites it 2× “The Board’s own rule, 29 C.F.R. § 102.15 provides: “The complaint shall contain * * * a clear and concise description of the acts which are claimed to constitute unfair labor practices, including, where known, the approximate dates and places of such acts and the names of…”
Nat'l Labor Relations Bd. v. Sunnyland Packing Co., 557 F.2d 1157 (5th Cir. 1977).
“The complaint serves two purposes: to present a clear and concise statement of the facts upon which jurisdiction by the Board is predicated and to indicate clearly and concisely the acts which are claimed to constitute unfair labor practices.”
Nat'l Labor Relations Bd. v. Majestic Weaving Co., Inc., Local 815, Int'l Bhd. of Teamsters, Intervenor, 355 F.2d 854 (2d Cir. 1966).
“15, 29 C.F.R. § 102.15 (1965), require a complaint to contain “a clear and concise description of the acts which are claimed to constitute unfair labor practices, including, where known, the approximate dates and places of such acts and the names of respondent’s agents or other…”
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