The Four Common Reasons Unfair Labor Practices Charges are Dismissed

1. The Statute of Limitations has passed.  Unless there has been concealment or another "screwy" exception.  The general rule is to file ASAP and with very broad language to allow later amendment.  Note, in labor law situations these situations should be sidelined into dispute resolution if possible, in order to heal the breach.  Winning by means of limitations usually results in payback by the loser at another time.
2. Lack of Evidence.  Complaints are filed with no witnesses, documents or facts to support them.
3. Lack of Law.  A violation must fit within the strict elements of the law (must ask for the union rep, must ask for legal help, etc.).Note, in labor law situations these situations should be sidelined into dispute resolution if possible, in order to heal the breach.  Winning by means of technical issues usually results in payback by the loser at another time.  Also, "unfair labor practices" are not "unfair practices" but are better called "statutory law violations" (which is what they are).
4. Wrong Forum. You have a win when this happens, but you still have a problem that needs resolution.  Consider:
   • An ULP is filed when a grievance should have been filed.
   • ULP when an EEP should have been filed.
   • ULP when unfair (but not statutory violative) practice occured.  (see above).

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