Operations In Fiscal Year 1988 - National Labor Relations Board

Appendix 179Fees, Dues, and FinesThe collection by a union or an employer of dues, fines, and referral fees fromemployees may be found to be an unfair labor practice under Section 8(b)(1)(A) or (2)or 8(a)(1) and (2) or (3), where, for instance such moneys were collected pursuant to anillegal hiring hall arrangement, or an invalid or unlawfully applied union-securityagreement; where dues were deducted from employees' pay without their authorization;or, in the cases of fines, where such fines restrained or coerced employees in theexercise of their rights. The remedy for such unfair labor practices usually requires thereimbursement of such moneys to the employees.FinesSee "Fees, Dues, and Fines."Formal ActionFormal actions may be documents issued or proceedings conducted when the voluntaryagreement of all parties regarding the disposition of all issues in a case cannot beobtained, and where dismissal of the charge or petition is not warranted. Formalactions, are, further, those in which the decision-making authority of the Board (theRegional Director in representation cases), as provided in Sections 9 and 10 of the Act,must be exercised in order to achieve the disposition of a case or the resolution of anyissue raised in a case. Thus, formal action takes place when a Board decision andconsent order is issued pursuant to a stipulation, even though the stipulation constitutesa voluntary agreement.Formal Agreement (in unfair labor practice cases)A written agreement between the Board and the other parties to a case in whichhearing is waived and the specific terms of a Board order agreed upon. The agreementmay also provide for the entry of a consent court decree enforcing the Board order.ComplianceThe carrying out of remedial action as agreed upon by the parties in writing (see"Formal Agreement," "Informal Agreement"); as recommended by the administrativelaw judge in the decision; as ordered by the Board in its decision and order; or decreedby the court.Dismissed CasesCases may be dismissed at any stage. They are dismissed informally when, followinginvestigation, the Regional Director concludes that there has been no violation of thelaw, that there is insufficient evidence to support further action, or for a variety of otherreasons. Before the charge is dismissed, however, the charging party is given theopportunity to withdraw the charge by the administrative law judge, by the Board, orby the courts through their refusal to enforce orders of the Board.DuesSee "Fees, Dues, and Fines."Election, ConsentAn election conducted by the Regional Director pursuant to an agreement signed by allparties concerned. The agreement provides for the waiving of a hearing, the establishmentof the appropriate unit by mutual consent, and the final determination of allpostelection issues by the Regional Director.