Do not docket unfair labor practice charges or election petitions that contain “blatantly false and demeaning language or epithets” or “offensive language,” the National Labor Relations Board’s Division of Operations-Management has instructed its regional offices.
In Memorandum OM 17-05, Non-Docketing of Facially Inappropriate Charge or Petition Forms, Beth Tursell, Associate to the NLRB’s General Counsel, instructed the Regions to return the form undocketed to the charging party or petitioner with an explanation that it will not be docketed as filed.
In the Memorandum, the General Counsel cited examples of inappropriate language that apparently has been included in actual charges or petitions filed with regional offices. These include “reference to a charged party or its counsel as ‘employer terrorists’ or to the charged party’s principal product or service as ‘worker misery and abuse.’”
The Memorandum instructs the Regions to “immediately seek an amendment to delete the offensive language or claims.” Although the Memorandum references dismissing a charge for lack of cooperation if a charging party refuses the request, presumably the Region will take the same action if a petitioner will not amend.
Regions are instructed to review each situation “on a case-by-case basis.” Employers presented with unfair labor practice charges or petitions that they believe contain language that is blatantly false and demeaning or offensive should consider bringing that to the attention of the Region and requesting the charge or petition be dismissed.