Dealing with an NLRB Investigation
Many companies need to contend with investigations by the National Labor Relations Board. Although the NLRB might investigate companies for a wide variety of reasons, investigations usually center on unfair practices when it comes to unions. Even though it can be nerve-wracking to receive paperwork related to an NLRB inquiry, dealing with an NLRB investigation is much easier if companies keep a few things in mind.
Hire an Attorney Early
One important strategy when dealing with an NLRB investigation is to hire an attorney early. It may seem obvious to engage counsel as soon as possible after receiving paperwork related to an NLRB inquiry, but some companies try to contend with an investigation by themselves, especially at the informal part of the process. However, hiring an attorney early on can help companies formulate a uniform strategy that will help a business through all parts of the NLRB adjudication. If companies do not hire counsel early, they can say and do things in the early stages of an investigation that may be harmful in the future. In addition, once an attorney has been hired, investigators generally need to go through that lawyer in order to communicate with the company, which eliminates pressure on principals of a business. As a result, whenever possible, companies should engage counsel shortly after being notified of an NLRB investigation.
Informal Resolution
One part of the process of dealing with an NLRB investigation is the informal resolution process. If it is agreeable to all parties, it is oftentimes advisable to attempt and settle grievances with unions before paperwork is filed with the NLRB. Even after a charge has been filed with the NLRB, businesses can settle with a union and charges can be withdrawn before the matter is escalated. Furthermore, personnel from the NLRB themselves may attempt to reach a settlement between the parties. Of course, some matters cannot be settled easily between the parties due to personalities, disagreements about terms, and other issues. However, informal resolutions of grievances in an early part of the investigative process can save businesses a substantial amount of time and money.
Cooperate Fully
Another important thing to note about dealing with an NLRB investigation is to cooperate fully with the investigators. At the beginning of the NLRB process, a staff attorney at the Board will likely be tasked with reviewing the matter. The staff attorney may ask the business being investigated to furnish materials, answer questions, and provide legal analysis about topics related to the investigation. It might be burdensome for businesses to search their files and locate documents related to an investigation. In addition, unless counsel is hired, it can also be difficult to respond to questions with legal support.
However, it is important to cooperate fully with the NLRB. If a business has their chance to share their side of the story early on in the process, it is more likely that charges will not be escalated. In addition, the NLRB has legal remedies at its disposal to force compliance with requests for information, so it is better to voluntarily supply this information earlier in the process. The NLRB seems to take a dim view of businesses who impede their investigations, so it is usually best to cooperate fully with the Board.
Appeal Strategically
The are a number of options for appeal when dealing with an NLRB investigation. Parties can generally appeal to various different levels within the agency. If parties are not satisfied with the determinations of the agency, they can usually also take their matter to the regular judicial system. However, each layer of appeal comes with separate costs, since each appeal generally needs to be separately researched, briefed, and argued. As a result, it usually only makes sense to appeal an NLRB decision if there is a high chance at success of winning a reversal. An attorney experienced with matters before the NLRB should be able to tell when an issue is worth an appeal and when parties should accept the determinations of lower parts of the adjudication process.
Know Your Rights and Responsibilities
One of the main strategies when dealing with an NLRB investigation is to know your rights and responsibilities as an employer. Many businesses, especially smaller companies or businesses that do not have prior experience with union matters, are not too familiar with the legal requirements surrounding union involvement in a workplace. This might make it difficult for employers to formulate a strategy about interacting with union employees or their representatives, and this makes it more likely that an NLRB investigation will ensue. However, an experienced labor law attorney can help businesses understand their rights and responsibilities with respect to unions and other legal requirements. This can help a business avoid liabilities in the long run as a solid strategy can help minimize the risk of an NLRB investigation or inquires by other state and federal government agencies.
The Rothman Law Firm has experience dealing with NLRB investigations and varying labor issues facing construction companies, retailers, and other businesses. We help our clients formulate strategies to help minimize the chance of an investigation and maximize the likelihood of success after an investigation has been initiated. If you are looking for an experienced labor law attorney to handle your matter before the NLRB or another government agency, please feel free to reach out to The Rothman Law Firm to request a free legal consultation.