ULPs Ensure Company Complies With NLRA

Proceed With Your Grievance While Waiting For NLRB Decision

Another common mistake is filing with the NLRB, then forgetting about the grievance. Filing a ULP does not stop your grievance clock. Once your deadline has passed, you have lost your chance to file.

If the NLRB issues a complaint after you have already lost your grievance because of the unfair practice, you may be able to revisit the grievance. But you cannot win a grievance you haven't filed. There's usually no recourse once the time limit has passed.

Keep in mind, too, that winning the complaint does not mean you'll win the grievance. In the Goldilocks case, for example, the ALJ could order Three Bears to open their records. But what happens if Goldilocks' investigation shows that one of the beds she said was too hard, had tested just right. She would lose her grievance.