California Labor &
Employment Law Blog
Jun 3, 2014

Untimely OSHA Complaints May Turn Into NLRB Unfair Labor Practice Charges

Topics: Legal Information, Union-Management Relations

Complaints about unsafe working conditions filed with the Occupational Safety and Health Administration (OSHA) typically have to be filed within 30 days of the violation to be timely.  Complaints for unfair labor practices in violation of the National Labor Relations Act (NLRA) filed with the National Labor Relations Board (NLRB) typically must be filed within 6 months of the violation to be timely.  Complaints of unsafe working conditions may also constitute NLRA violations, in certain circumstances.

Under a new NLRB policy and agreement announced last week, between OSHA and NLRB, OSHA agents will begin to notify any complainant who files an untimely OSHA complaint of his or her rights to file a charge for unfair labor practices with the NLRB.  OSHA plans to train their agents about talking points to use for these referrals when communicating with complainants.   This is just another of many efforts by the NLRB seeking to expand its reach and influence.

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For over 25 years, CDF has distinguished itself as one of the top employment, labor and immigration firms in California, representing employers in single-plaintiff and class action lawsuits and advising employers on related legal compliance and risk avoidance. We cover the state, with five locations from Sacramento to San Diego.

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About the Editor

Mark S. Spring is the Sacramento Office Managing Partner and Chair of CDF’s Traditional Labor Law Practice Group. He has been practicing labor and employment law in California for thirty years and was recently named “Sacramento Lawyer of the Year” in Employment Law-Management for 2021 by Best Lawyers®. Spring’s practice is focused on the representation of California employers in union-management relations and handling federal and state court litigation and administrative matters triggered by all types of employment-related disputes. He is also adept at providing creative and practical legal advice to help minimize the risks inherent in employing workers in California. Spring is licensed to practice in California as well as by the District Court of Hawaii, where he successfully tried a high profile same-sex sexual harassment case. Spring is also Chair of CDF’s Webinar Committee where he manages the firm’s monthly educational webinar series that the firm provides to clients and contacts.
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