How to File an NLRB Unfair Labor Practice Charge: Form 501 Deadline

To file an unfair labor practice charge with the NLRB, complete Form 501 if you’re charging an employer or Form 508 if you’re charging a union, submit it to the regional office covering the location where the conduct occurred, and serve a copy on the party you’re accusing. There’s no filing fee. You have six months from the date of the conduct to file, and the forms are short enough that most people complete them without a lawyer.

Check That You’re Covered First

The National Labor Relations Act covers most private-sector employees, but several categories fall outside it: federal, state, and local government employees, agricultural workers, domestic workers, independent contractors, and supervisors.¹ Airline and railroad workers are governed by a different statute. Filing an NLRB charge when you fall outside the Act leads nowhere, so if you’re unsure, use the coverage tool on the NLRB’s website before starting.²

You don’t have to be the person directly harmed to file. A coworker, a union representative, or someone unconnected to the workplace can submit the charge, as long as the conduct itself is within the Act’s reach.

Make Sure the Conduct Is an Unfair Labor Practice

Charges against employers fall under Section 8(a) of the NLRA. Charges against unions fall under Section 8(b).³

Common employer violations include firing or disciplining workers for organizing or for discussing wages and working conditions, threatening employees who support a union, retaliating against someone for filing an NLRB charge, refusing to bargain in good faith with a certified union, and surveilling union activity. Common union violations include failing to fairly represent a member, charging excessive dues, engaging in certain secondary boycotts, and pressuring an employer to discriminate against a non-union worker.

The line between lawful and unlawful is not always clear. An employer can share opinions about unionization; the same employer commits a violation the moment those opinions turn into threats or promises tied to how employees vote. If you’re not sure whether what happened qualifies, call the nearest regional office. Staff can talk through the facts with you before you file anything.

Gather This Information Before You Start the Form

The full legal name of the party you’re charging. For an employer, use the official corporate name, not a trade name. For a union, include the local number and the parent organization.
A mailing address and the name of a principal officer or representative for that party.
The specific dates the conduct occurred. If it happened over a stretch of time, note the start and end.
The location of the conduct. This determines which regional office has jurisdiction.
A short factual description of what happened, who did it, and when. It doesn’t need to be long or written in legal language.
Supporting materials: emails, text messages, termination letters, names and contact information for witnesses. You won’t attach these to the form itself, but they’ll matter during the investigation.

The Six-Month Deadline

Section 10(b) of the NLRA requires that you file the charge within six months of the conduct you’re challenging, and that you also serve the charged party within that same window.⁴ The only statutory exception extends the window for people who were serving in the armed forces and couldn’t file on time.

Courts read this deadline strictly. Conduct older than six months will almost always be dismissed as untimely. Older events can sometimes come in as background evidence to explain the meaning of more recent conduct that is itself unlawful, but they can’t be used to make otherwise lawful recent conduct into a violation.⁵

Completing Form 501 or Form 508

The NLRB uses two different forms depending on the target of the charge. Form 501 is for charges against an employer. Form 508 is for charges against a labor organization or its agents. Both are available as fillable PDFs on the NLRB website, and neither requires a filing fee.⁶

Form 501 is short. The top section asks for the employer’s name, address, phone number, and type of business. The next section asks for your name and contact details as the charging party. Below that is the “Basis of the Charge” field, which is where people tend to overwrite.

The NLRB’s instructions are explicit: this section should contain only a brief description of the alleged violation. Don’t lay out all your evidence or list witness contact information here.⁷ Something like “On March 5, 2026, the employer terminated Jane Doe after she distributed union authorization cards to coworkers” is the right level of detail. The Board Agent assigned to the case will draw out the full story during the investigation.

At the bottom, you sign a declaration certifying that your statements are true to the best of your knowledge. The form notes that willful false statements are punishable under federal law.⁸

Submitting the Charge

You can file the completed form through the NLRB’s e-Filing portal, by mail, by fax, or in person at a regional office. E-Filing is the fastest option and gives you an immediate digital receipt showing the date and time of submission, which matters if you’re pushing up against the six-month deadline.

The e-Filing system accepts PDF files (preferred), Microsoft Word documents, or plain text. Each uploaded file must be under 20 megabytes and submitted in a read-only format.⁹ In the portal, you select the regional office where the conduct occurred, upload your signed form, and receive a confirmation. If you mail the form, use certified mail so you have proof of the sending date.

Serving the Charged Party

Filing with the NLRB isn’t the whole requirement. You’re also responsible for serving a copy of the charge on the party you’re accusing. Service can be made by personal delivery, regular mail, certified mail, private delivery service, fax, or, with the recipient’s permission, email.¹⁰ For mail and delivery services, the date of service is the date you send it, not the date it arrives. Because the statute requires both filing and service within six months, missing the service step can create the same deadline problem as missing the filing itself.⁴

What Happens After You File

Once your charge reaches the regional office, a Board Agent is assigned to investigate. The NLRB’s goal is to finish the investigation and reach a determination within 7 to 12 weeks, depending on complexity.¹¹

Your Sworn Affidavit

Early on, the Board Agent will contact you to take a sworn affidavit. The NLRB treats this as the core of its investigation. It’s written in the first person as a chronological account and includes details about your job, the people involved, and any evidence you have.¹² After you review the written statement and make corrections, the Board Agent administers an oath and you sign it. Affidavits are handled as confidential law enforcement records and generally aren’t disclosed unless the case goes to a formal hearing. Virtual affidavits by video are common; in-person interviews are preferred in discharge cases and other high-priority matters.

Evidence and the Other Side’s Position

The Board Agent will also interview witnesses, request documents (employee handbooks, termination records, payroll data), and ask the charged party for a written position statement.¹³ The employer or union you’ve charged will present their version of events, so the strength of your documents and witnesses matters.

Possible Outcomes

Settlement. If the charge has merit, the NLRB tries to resolve it through settlement first, and reports that most meritorious cases settle. Typical terms include back pay, reinstatement, and a workplace notice informing employees of their rights.¹¹
Formal complaint. If the charged party won’t settle, the Regional Director issues a formal complaint, sending the case to a hearing before an administrative law judge. From that point, an NLRB attorney prosecutes the case; you’ll likely testify as a witness.
Dismissal. If the evidence doesn’t support a violation, the Regional Director first asks you to withdraw. If you decline, the charge is formally dismissed and you receive a letter explaining why.
Withdrawal. You can withdraw the charge at any time.¹⁴

Retaliation for Filing Is Itself a Violation

Filing an NLRB charge is protected activity. Section 8(a)(4) makes it a separate unfair labor practice for an employer to fire or otherwise punish an employee for filing charges or giving testimony in NLRB proceedings.³ If retaliation happens after you file, it’s a new, independently chargeable violation.

Remedies reach beyond back pay and reinstatement. Under the Board’s current framework, make-whole relief must cover all direct or foreseeable financial harms caused by the violation, including out-of-pocket medical expenses, credit card debt taken on because of lost income, and similar costs that flow from the unlawful conduct.¹⁵

If Your Charge Is Dismissed

You have 14 days from the date you receive the dismissal notice to file an appeal with the General Counsel’s Office of Appeals in Washington, D.C.¹⁶ You must also file a copy with the Regional Director. The appeal can use the NLRB’s Appeal Form or a written statement setting out the facts and reasons the dismissal was wrong.¹⁷

The 14-day deadline is firm. Extensions have to be requested in writing before the deadline expires; late appeals are considered only at the General Counsel’s discretion on a showing of good cause. The Office of Appeals reviews the full record and either sustains the dismissal or directs the Regional Director to take further action.

Do You Need an Attorney

You don’t need a lawyer to file or to participate in the investigation. Regional office staff can answer procedural questions, and if the case has merit, an NLRB attorney handles the prosecution. That said, the investigation requires a detailed sworn affidavit, and the charged party will bring its own evidence and defenses. Workers represented by a union can often get help from union legal staff. If you’re on your own and the case involves a complicated factual pattern or a potential reinstatement claim, talking to a labor attorney early is worth doing.

Keep copies of everything you submit and every communication you receive from the NLRB. If the charge is dismissed and you want to appeal, the 14-day clock starts running when the letter reaches you, and you’ll need to point to specific reasons the Regional Director got it wrong. Organized records make that far easier.

1
Office of the Law Revision Counsel. 29 U.S.C. 152 – Definitions
2
National Labor Relations Board. Are You Covered?
3
Office of the Law Revision Counsel. 29 U.S. Code 158 – Unfair Labor Practices
4
Office of the Law Revision Counsel. 29 U.S.C. 160 – Prevention of Unfair Labor Practices
5
Legal Information Institute. Local Lodge No. 1424 v. NLRB
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National Labor Relations Board. Fillable Forms
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National Labor Relations Board. Form NLRB-501 Instructions
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National Labor Relations Board. Form NLRB-501 – Charge Against Employer
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National Labor Relations Board. E-Filing Terms and Conditions
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eCFR. 29 CFR 102.14 – Service of Charge
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National Labor Relations Board. Customer Service Standards
12
National Labor Relations Board. Unfair Labor Practice Casehandling Manual
13
National Labor Relations Board. Statements of Procedure – Part 101
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eCFR. 29 CFR 101.5 – Withdrawal of Charges
15
National Labor Relations Board. Board Rules Remedies Must Compensate Employees for All Direct or Foreseeable Financial Harms
16
eCFR. 29 CFR Part 102 Subpart C – Procedure Under Section 10(A) to (I) of the Act
17
eCFR. 29 CFR 102.19 – Appeal to the General Counsel