An unfair labor practice (ULP) complaint has been filed alleging that management interrogated, threatened, and...

When an unfair labor practice complaint is filed, the first step the organization should take is to consult with counsel trained in labor relations (D). At the SPHR level, ULP allegations carry significant legal risk, including reinstatement orders, back pay, and reputational damage.

Labor counsel provides guidance on responding appropriately to the National Labor Relations Board (NLRB), preserving evidence, preparing statements, and ensuring that management actions do not worsen the situation. Early legal involvement helps protect the organization’s rights while ensuring compliance with labor law.

Releasing a statement (A) may be premature and risky. Disciplining management (B) before completing a legal review may undermine due process. Interviewing terminated employees (C) without legal guidance could expose the organization to additional liability.

SPHR exam content stresses that legal strategy and risk management take precedence immediately following formal labor charges.

References :

HRCI SPHR Exam Content Outline — Functional Area: Employee Relations and Engagement (labor relations; unfair labor practices).

HRCI SPHR Study Guide — Employer response to NLRB charges.

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