The workers at an Amazon warehouse on Staten Island New York voted for collective bargaining representation with the Amazon Labor Union (ALU) in an election held in March 2022. The NLRB issued a certification of the union's exclusive representative status for all warehouse employees at the Staten Island facility.

The parties continue to bargain on other subjects of bargaining such as wages. Before the parties reach impasse in bargaining, the union decides to exert its bargaining power by going out on strike against Amazon. Amazon files an Unfair Labor Practice charge with the NLRB claiming that the ALU violated its duty to bargain by going out on strike before impasse in bargaining. Should the NLRB issue a complaint on the charge? Why or why not?