22 USC 4116 - Prevention of unfair labor practices

U.S Code last checked for updates: Nov 22, 2024

§ 4116.

Prevention of unfair labor practices

(a)

Investigation by General Counsel; issuance of complaint; statement of reasons

(b)

Notice in complaint

Any complaint under subsection (a) shall contain a notice—

(1)

of the charge;

(2)

that a hearing will be held before the Board (or any member thereof or before an individual employed by the Board and designated for such purpose); and

(3)

of the time and place fixed for the hearing.

(c)

Answer; personal appearance

(d)

Time of filing of charges

(1)

Except as provided in paragraph (2), no complaint shall be issued based on any alleged unfair labor practice which occurred more than 6 months before the filing of the charge with the Board.

(2)

If the General Counsel determines that the person filing any charge was prevented from filing the charge during the 6-month period referred to in paragraph (1) by reason of—

(A)

any failure of the Department or labor organization against which the charge is made to perform a duty owed to the person, or

(B)

any concealment which prevented discovery of the alleged unfair labor practice during the 6-month period,

the General Counsel may issue a complaint based on the charge if the charge was filed during the 6-month period beginning on the day of the discovery by the person of the alleged unfair labor practice.

(e)

Regulations providing for resolution through informal methods

(f)

Hearing

(g)

Findings of fact relative to issuance of orders; backpay

If the Board (or any member thereof or any individual employed by the Board and designated for such purpose) determines after any hearing on a complaint under subsection (f) that the preponderance of the evidence received demonstrates that the Department or labor organization named in the complaint has engaged in or is engaging in an unfair labor practice, then the individual or individuals conducting the hearing shall state in writing their findings of fact and shall issue and cause to be served on the Department or labor organization an order—

(1)

to cease and desist from any such unfair labor practice in which the Department or labor organization is engaged;

(2)

requiring the parties to renegotiate a collective bargaining agreement in accordance with the order of the Board and requiring that the agreement, as amended, be given retroactive effect;

(3)

requiring reinstatement of an employee with backpay in accordance with section 5596 of title 5; or

(4)

including any combination of the actions described in paragraphs (1) through (3) or such other action as will carry out the purpose of this subchapter.

If any such order requires reinstatement of an employee with backpay, backpay may be required of the Department (as provided in section 5596 of title 5) or of the labor organization, as the case may be, which is found to have engaged in the unfair labor practice involved.

(h)

Findings of fact requiring dismissal of complaint

(Pub. L. 96–465, title I, § 1016, Oct. 17, 1980, 94 Stat. 2139.)

cite as: 22 USC 4116