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General Information
 
HOW TO FILE AN UNFAIR LABOR PRACTICE COMPLAINT 
 
 
To file an unfair labor practice complaint (ULP):
 
1. Obtain an unfair labor practice complaint form using one of the links below or from the Board. (Although you can submit a complaint in a letter, you must eventually submit it on an ERB complaint form.)
 
2. Specify on the complaint form the section of the PECBA which you believe has been violated. (See ORS 243.672 (1) and (2).) Note: Effective July 1, 2011, SB 5556 (2011) increased the fee to file a complaint, answer, or motion to intervene to $300.
 
3. On the complaint form, write a chronological description of the actions that you contend violated the law. Attach to the complaint copies of documents that you consider central to your claim.
 
4. Submit the original complaint and three copies to the Board (528 Cottage Street, NE, Salem, Oregon 97301-3807) with the filing fee of $300 that is required by ORS 243.672(3).The Board will not process your complaint until the filing fee is paid.
 
5. You must file your complaint no later than 180 days following the conduct which you believe violates the law or at least within 180 days after you became aware of the conduct.
 
ERB complaint processing: what happens after the complaint is filed
 
After you file a complaint, the case will be investigated by an administrative law judge (ALJ). The ALJ will typically provide a copy of the complaint to the opposing party (the Respondent) and request that it respond informally to the allegations in the complaint. If the ALJ decides that there are no issues of fact or law that require a hearing, the ALJ will first inform you of that decision and then recommend that the Board dismiss the complaint. If the ALJ decides that there are issues of fact or law, the ALJ will set the case for hearing.
 
If a hearing is required, the ALJ will schedule the date and location after consulting with you and the Respondent. At the hearing, you may represent yourself or you may choose to be represented by an attorney or other individual, at your expense. Unions and employers are generally represented by attorneys in ERB hearings.
 
Prior to the hearing, the ALJ will send you a form entitled "Advice of Rights." That form explains the hearing process in more detail. The Board´s ALJs are attorneys who can explain procedural requirements to you but cannot give you legal advice or assist you in presenting your case.
 
Remedies and costs: what happens if you win or lose
 
If you win your case, the Board will order the Respondent to stop its unlawful action and can order the Respondent to remedy the violation. Upon proper and timely request, the Board can also order the Respondent to reimburse your $300 filing fee (see Board Rule 115-035-0075(3)) and your representation costs (see Board Rule 115-035-0055).

If the Respondent wins, the Board may order you to reimburse Respondent´s $300 filing fee and to pay Respondent´s representation costs.

In addition, the Board may require the losing party to pay a civil penalty of up to $1000 to the winning party (see Board Rule 115-035-0075) and may award attorney fees to the winning party on an appeal (see Board Rule 115-035-0057). 
 
Further information
 
If you have further questions, please call the Board (503-378-3808).