NLRA § 10 — Prevention of Unfair Labor Practices (29 U.S.C. § 160)
Vests in the NLRB the power and duty to prevent persons from engaging in unfair labor practices affecting commerce. Establishes the administrative enforcement procedure.
Complaint Procedure
- Charge filed with NLRB Regional Director (within 6 months of the alleged ULP — § 10(b) limitations period)
- Regional Director investigates; may dismiss or issue complaint
- Administrative law judge (ALJ) hearing — trial-type proceeding
- Board (five members, quorum of three) reviews ALJ decision
- Board order: may require reinstatement, back pay, cease-and-desist
- Board petitions Court of Appeals for enforcement; respondent may petition for review
- Court of appeals applies substantial evidence review to Board findings of fact
Injunctive Relief
- § 10(j): Board may petition district court for discretionary temporary injunction pending final Board order. Used in significant cases to preserve the status quo.
- § 10(l): Board must petition for injunction when there is reasonable cause to believe certain secondary boycott or recognitional picketing ULPs have occurred.
Remedial Limitations
- NLRA remedies are limited: back pay (minus interim earnings), reinstatement, cease-and-desist orders
- No punitive damages under the NLRA
- Board cannot award compensatory damages for union or employer misconduct beyond back pay
- Hoffman Plastic Compounds v. NLRB (2002) — undocumented workers entitled to reinstatement and cease-and-desist, but not back pay for work not performed