Fact Sheet
The National Labor Relations Board is an independent federal
agency created by Congress in 1935 to administer the National Labor Relations
Act, the primary law governing relations between unions and employers in the
private sector. The statute guarantees the right of employees to organize and to
bargain collectively with their employers or to refrain from all such activity.
Generally applying to all employers involved in interstate commerce--other than
airlines, railroads, agriculture, and government--the Act implements the
national labor policy of assuring free choice and encouraging collective
bargaining as a means of maintaining industrial peace. Through the years,
Congress has amended the Act and the Board and courts have developed a body of
law drawn from the statute.
In its statutory assignment, the NLRB has two principal
functions: (1) to determine, through [secret-ballot elections,] the free
democratic choice by employees whether they wish to be represented by a union in
dealing with their employers and if so, by which union; and (2) to prevent and
remedy unlawful acts, called [unfair labor practices,] by either employers or
unions. The agency does not act on its own motion in either function. It
processes only those charges of unfair labor practices and petitions for
employee elections that are filed with the NLRB in one of its 51 Regional,
Subregional, or Resident Offices.
What Is the NLRB's Structure?
The agency has two major, separate components.
The Board itself has five Members and primarily acts as a quasi-judicial body in deciding cases on the basis of formal records in administrative proceedings. Board Members are appointed by the President to 5-year terms, with Senate consent, the term of one Member expiring each year. The current Members are Chairman Peter C. Schaumber and Wilma B. Liebman. (There are three vacancies on the Board.)
The General Counsel, appointed by the President to a 4-year term
with Senate consent, is independent from the Board and is responsible for the
investigation and prosecution of unfair labor practice cases and for the general
supervision of the NLRB field offices in the processing of cases. The current
General Counsel is Ronald Meisburg. Each Regional Office is headed by
a Regional Director who is responsible for making the initial determination in
cases arising within the geographical area served by the region.
How Are Unfair Labor Practice Cases Processed?
When an unfair labor practice (ULP) charge is filed, the
appropriate field office conducts an investigation to determine whether there is
reasonable cause to believe the Act has been violated. If the Regional Director
determines that the charge lacks merit, it will be dismissed unless the charging
party decides to withdraw the charge. A dismissal may be appealed to the General
Counsel's office in Washington, D.C.
If the Regional Director finds reasonable cause to believe a
violation of the law has been committed, the region seeks a voluntary settlement
to remedy the alleged violations. If these settlement efforts fail, a formal
complaint is issued and the case goes to hearing before an NLRB Administrative
Law Judge. The judge issues a written decision that may be appealed to the five-
Member Board in Washington for a final agency determination. The Board's
decision is subject to review in a U.S. Court of Appeals. Depending upon the
nature of the case, the General Counsel's goal is to complete investigations
and, where further proceedings are warranted, issue complaints if settlement is
not reached within 7 to 15 weeks from the filing of the charge. Of the total ULP
charges filed each year [about 25,000], approximately one-third are found to
have merit of which over 90% are settled.
How Are Representation Cases Processed?
When a petition for an election is filed, a Board agent in one of the field offices is assigned to process it. If there is a showing that at least 30% of an appropriate unit of employees at the workplace wish to be represented collectively by a union or by another group, a Board agent will hold a secret ballot election. If a majority of employees choose to be represented, the NLRB may certify that representative to bargain collectively with the employer on behalf of the employees in the unit. See the Procedures Guide.
What Authority Does NLRB Have to Secure Injunctive Relief
from a Court?
Section 10(j) of the National Labor Relations Act empowers the
NLRB to petition a federal district court for an injunction to temporarily
prevent unfair labor practices by employers or unions and to restore the status
quo, pending the full review of the case by the Board. In enacting this
provision, Congress was concerned that delays inherent in the administrative
processing of unfair labor practice charges, in certain instances, would
frustrate the Act's remedial objectives. In determining whether the use of
Section 10(j) is appropriate in a particular case, the principal question is
whether injunctive relief is necessary to preserve the Board's ability to
effectively remedy the unfair labor practice alleged, and whether the alleged
violator would otherwise reap the benefits of its violation.
Under NLRB procedures, after deciding to issue an unfair labor
practice complaint, the General Counsel may request authorization from the Board
to seek injunctive relief. The Board votes on the General Counsel's request and,
if a majority votes to authorize injunctive proceedings, the General Counsel,
through his Regional staff, files the case with an appropriate Federal district
court.
In addition, Section 10(l) of the Act requires the Board to seek
a temporary federal court injunction against certain forms of union misconduct,
principally involving "secondary boycotts" and "recognitional picketing."
Finally, under Section 10(e), the Board may ask a federal court of appeals to
enjoin conduct that the Board has found to be unlawful.
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