Restaurant Employers Guide to NLRB Unfair Labor Practice Charges and Documents

Every restaurant operator dealing with a union organizing campaign, a disgruntled worker's complaint, or a disputed disciplinary action needs to understand one federal enforcement mechanism that works outside the courts entirely: the unfair labor practice charge filed with the National Labor Relations Board. ULP violations cannot be resolved through a private lawsuit. The NLRB is the exclusive venue, and the rules governing how charges are filed, what documents must accompany them, and how quickly filers must act have changed significantly since October 1, 2025.

What qualifies as an unfair labor practice

Section 8 of the National Labor Relations Act defines an unfair labor practice as any action taken by an employer or an organized labor group that impedes an employee's ability to form or join a union, or obstructs the negotiations process between employers and unions. For restaurant employers specifically, the most common exposure involves efforts to interfere with, restrain, or coerce employees in the exercise of rights established under Section 7 of the NLRA: the right to self-organize, bargain collectively through chosen representatives, engage in other concerted activities for the purpose of collective bargaining, and the right to refrain from any or all such activities.

Charges can also run in the other direction. Examples of union-side ULP allegations include requiring union members to pay dues or fees found to be excessive or unfair after NLRB investigation, pressuring or forcing an employer to pay for work the employer does not need, and pressuring or forcing an employer to pay or deliver services for work that has not been and will not be performed. Non-union employers are not exempt: as attorney Scott E. Schaffer of Schaffer Law, LLC has noted, the NLRA covers non-union employers affected by union activity and non-union employees engaged in protected concerted activity, meaning any restaurant operation can be the subject of a charge or file one.

Who may file and the six-month deadline

The NLRB's own rules are unambiguous on standing: "Any person or organization may file a charge," per Section 102.9 of the NLRB's Rules and Regulations. That means employees, unions, and employers alike can initiate the process. The Federal Labor Relations Authority guidance echoes this, stating that any individual, union, or agency may file, and that an employee may file against either an agency or a union.

The hard deadline is six months from the date of the alleged violation. Miss that window and the charge is barred. Restaurant managers dealing with a disputed termination, a sudden organizing push, or allegations of retaliation need to calendar this deadline immediately when an incident occurs, because there is no grace period in the statute.

Where and how to file

Charges must be filed with one of the NLRB's 26 regional offices, specifically the office covering the region where the alleged unfair labor practice occurred. If the conduct spanned more than one region, Section 102.10 of the NLRB Rules permits filing in any of the affected regional offices. The NLRB accepts charges submitted by e-file through the agency's website at nlrb.gov, in person, by mail, or by facsimile at the appropriate field office. E-filing is the preferred method according to federal guidance and keeps a clear electronic record of submission timing, which matters given the new evidence deadlines described below.

Selecting the correct form and understanding case codes

Three charge forms are available at all NLRB field offices and at nlrb.gov:

• NLRB-501: Charge Against Employer, used for CA-designated charges covering Sections 8(a)(1), (2), (3), (4), and (5) of the NLRA.
• NLRB-508: Charge Against Labor Organization or Agent, used for CB, CC, CD, CG, and CP designations covering Sections 8(b) and 8(g) violations.
• NLRB-509: Charge Alleging Unfair Labor Practices, covering CP and CE designations including Section 8(e).

Each charge receives a case number that combines the regional office number with these two-letter codes. A CA charge means the employer is the respondent. A CB charge points to a union's conduct under Section 8(b)(1)(A) or (B), (2), (3), (5), or (6). Restaurant employers filing against a union for secondary boycott activity would look at CC or CD designations. For CG charges filed under NLRB-508, filers must modify paragraph 1(h) by deleting the reference to Section 8(b) and inserting Section 8(g) instead.

The NLRB's own guidance states that "the forms are self-explanatory and all sections of the forms should be completed before filing," and that "the charging party must sign and date the charge" as required by Section 102.12.

What the charge form must contain

The completed form needs three core elements: the full name and address of the person or organization filing the charge, the full name and address of the charged party, and a brief factual statement describing the conduct alleged to constitute the unfair labor practice. Federal guidance recommends including the date of the incident, the location, and the names and titles of the people involved. Incomplete forms create delays; every field should be finished before submission.

Documents and evidence to submit alongside the charge

Filing the form is only the beginning. Filers must submit supporting evidence and documents to the Regional Director, submitted separately from the charge form itself. The explicit list includes:

• Correspondence and memoranda
• Records and reports
• Applicable collective bargaining agreement clauses
• Memoranda of understanding (MOUs)
• Minutes of meetings
• Applicable regulations and statements of position
• Any other relevant documentary evidence

Beyond documents, filers must identify potential witnesses with full contact information, including telephone number, email address, and fax number, and provide a brief synopsis of each witness's expected testimony. For restaurant employers, that typically means preserving scheduling records, disciplinary write-ups, manager communications, group chat logs, and any written policies distributed to staff.

The 14-day evidence requirement: the most important recent change

In a memorandum issued by then-acting General Counsel William Cowen at the end of 2025, the NLRB adopted an amended processing procedure for all ULP charges filed after October 1, 2025. This change, reported by attorneys Michael J. Moore and Bonnie J. Thomas of Steptoe & Johnson PLLC on January 29, 2026, fundamentally alters how quickly filers must act after submission.

Under the amended procedure, newly filed charges are placed on an unassigned pending case list. They stay there until the charging party produces specific evidence to the NLRB within 14 days of filing. That required evidence package includes a "chronological outline or timeline of the relevant sequence of events and exchanges related to the charge allegations," the names and titles of any involved union and employer representatives and witnesses, a summary of each witness's expected testimony, "relevant documentation," and "supporting communication." If that package is not submitted within the 14-day window, the charging party may face summary dismissal for failure to cooperate. Only charges that meet initial evidentiary tests will be assigned to an investigator at all.

Cowen's memorandum explains that "these procedures will provide much needed relief" to NLRB employees and likewise allow the NLRB "to efficiently and effectively process cases." The procedural shift was necessitated by an unprecedented backlog caused by the NLRB's staffing exodus, a nearly one-year lack of quorum, and what the Steptoe analysis describes as the historic 43-day government shutdown, the longest in U.S. history. Before this change, the NLRB automatically assigned an investigator to each new charge to collect all factual information and documents before any dismissal determination could be made. That default no longer applies.

For a restaurant group facing a charge, this means the 14-day clock is running from the moment a charge is filed. Build the evidentiary package before filing, not after.

What happens after filing: investigation, hearing, and remedies

Once a charge clears the initial evidentiary threshold and is assigned to an investigator, the Regional Director conducts an investigation. If the Regional Director concludes the charge has merit and issues a formal complaint, the NLRB becomes the representative for the charging party at a hearing before an NLRB Administrative Law Judge (ALJ). After the hearing, the ALJ issues a recommended decision directing the Board to either order the respondent to cease and desist the ULP violation and provide appropriate remedy or relief, or to dismiss the complaint entirely.

If neither the charging party nor the respondent files an exception or appeal to the ALJ's decision, the findings automatically become the decision and order of the NLRB. There is no separate court filing required and, critically, no private right of action available outside this process. ULP violations are resolved through the NLRB, not through civil litigation.

Practical steps for restaurant employers

The filing sequence, drawing from NLRB and Brightmine guidance developed by Scott E. Schaffer, breaks down as follows:

The 14-day production requirement is the critical new variable for any restaurant operator or their counsel. The days of filing a bare-bones charge and building the evidentiary record during investigation are over. Going in prepared, with documentation organized and witnesses identified, is now a prerequisite to having a charge reach an investigator at all.