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

  1. Charge filed with NLRB Regional Director (within 6 months of the alleged ULP — § 10(b) limitations period)
  2. Regional Director investigates; may dismiss or issue complaint
  3. Administrative law judge (ALJ) hearing — trial-type proceeding
  4. Board (five members, quorum of three) reviews ALJ decision
  5. Board order: may require reinstatement, back pay, cease-and-desist
  6. Board petitions Court of Appeals for enforcement; respondent may petition for review
  7. 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

Courses