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Appealing a decision by the NLRB

| Apr 7, 2020 | U.S. Labor Law NLRB |

The National Labor Relations Board is set up to negotiate and decide on disputes that can occur between employees or employers, using state and federal labor laws to render a decision. They deal with issues that affect not only government workers, but also many employees in private businesses. While the process involves presenting each side of the case to the board and the board, ultimately rendering a decision, the process is not necessarily concluded there. If either the employee or employer is in disagreement with the case, and feel that they can prove the decision should be different, they have the right to file for an appeal of the decision. Though to give the appeal any chance of success, it is crucial to go through the proper channels and follow the correct process.

How to appeal your NLRB decision

Any labor board decision that will be related to small businesses will be placed under the jurisdiction of the National Labor Review Board. It is this their panel of members that will be responsible for reviewing cases involving labor relations. They are guided by the rules of the National Labor Relations Act and will render their decision based on those rules. If either the employer or employee is dissatisfied with the decision handed down by the NLRB, then they will need to file their appeal with the General Council members.

When preparing for your appeal, you will first need to assess your complaint. Is it valid and relatable to the rules of the National Labor Relations Act? Is it supported by evidence that you can present? To ensure your complaint is heard, it will have to be based on specific reasoning and not merely the fact that the case did not go in your favor. Once you have determined your complaint has validity, you will need to download and complete Form 4767 available on the National Labor Relations Board website. The form is simple to file and requires only the date you are entering the appeal, the case number, and your signature. Once you have completed the form, it will need to be mailed to the:

Office of Appeals National Labor Relations Board

Attn: General Counsel

Room 8820

1099 14th Street, N.W.

Washington, D.C. 20570

After being submitted, you will then need to wait to hear from the General Counsel. If there are requests for more information, be sure to return them in a timely fashion. The General Counsel will then either approve or reject your appeal based on their review of the case. You will receive the response by mail and their verdict on the appeal will be considered a final decision.

Labor relations cases can be complicated. If you find your self-involved in a dispute going to the labor board or are in the process of appealing a decision, an experienced attorney can help you better navigate the process and set you up better for success.