Large Cards

1) initial contact followed by 30% authorization cards and NLRB petition for cert election

(2) employer agrees (consent election) or requests hearing (bases; union ULP, invalid cards, improper unit)

(3)NLRB dismisses or directs election in 30-60 days

(4) campaining

(5)NLRB conducts election, simple majority wins. If very tainted, bargaining order possible.

1) charge filed NLRB regional director w/i 6 mo of ULP

(2) invesitgation (temp restraining order if U boycott or strike) then either dismissed (can appeal to OGC) or ask to resolve. If no resolve, formal complaint issued and hearing

(3) respondent 10 days to respond to complaint

(4) ALJ hears and dimisses or orders cease and desist and remedial actions but no punitive, can be appealed to board, then to fed appeals and supreme courts.

Recognition: protected, perm replace

Economic: protected, perm replace

ULP: protected, NO replace

Jurisdictional: Not protected activity, terminate

Wildcat: technically protected, usually NOT, terminate

Sympathy: technically protected, unusually NOT, terminate

Willful- $5,000-$70,000; wi/ death up to $10,000 six months, doubled for repeat offenders.

Serious- Up to $7,000.

Repeat- up to $70,000.

Failure To Abate- Up to $7,000 per day

Other- $7,000.

1. Does EEOC have jurisdiction?

2. Accepts and advises emp in 10 days, requesting info

3. investigates and issues Dismissal and Notice of Rights or Letter of Determination (Cause letter)

4. if LD, EEOC attempts conciliation

5. If no conciliation, EEOC can sue or issue Right to Sue letter.