Sec. 201 The Board. The Board, composed of five Members, has its central and principal office in Washington, D.C. Each of the Members is appointed by the President, with the approval of the Senate, for a term of 5 years. One Member is designated by the President to serve as Chairman of the Board. The Board is created by virtue of the provisions of the National Labor Relations Act, 49 Stat. 449, as amended by the Labor Management Relations Act, 1947, 61 Stat. 136, and the Labor Management Reporting and Disclosure Act, 1959, 73 Stat. 519.
The Board has two principal functions under the National Labor Relations Act: (1) The prevention of statutorily defined unfair labor practices on the part of employers and labor organizations or the agents of either, and (2) the conduct of secret-ballot elections among employees in appropriate collective-bargaining units to determine whether or not they desire to be represented by a labor organization.
The Board is further empowered by the Act:
To conduct secret-ballot elections among employees who have been covered by a union-shop agreement, when requested by 30 percent of the employees, to determine whether or not they wish to revoke their union's authority to make such agreements.
To determine in cases involving jurisdictional disputes which of the competing groups of workers is to be assigned the work task involved.
To conduct secret-ballot elections among employees in national emergency situations.
The Board exercises full and final authority over the Office of the Executive Secretary and the Office of the Solicitor. The Board appoints administrative law judges and, subject to the provisions of the Administrative Procedure Act and section 4(a) of the National Labor Relations Act, exercises authority over the Division of Judges. Each Board Member exercises full and final authority over a staff of legal counsel, each staff being under the immediate supervision of the chief counsel of the respective Board Member.
The Board, with the General Counsel, approves the budget, opens new offices as deemed necessary, and appoints Regional Directors and officers in charge. The Board establishes and publishes the Agency's Rules and Regulations and Statements of Procedure.
Sec. 201.1 The Board's staff. The Board's staff consists (in addition to its chief counsel and legal counsel referred to in sec. 201, above) of the Office of the Executive Secretary, the Office of the Solicitor, and the Division of Judges.
Sec. 201.1.1 Office of the Executive Secretary. The Executive Secretary, as the chief administrative and judicial management officer of the Board, represents the Board in dealing with parties to cases, and communicates on behalf of the Board with labor organizations, employers, employees, Members of Congress, other agencies, and the public; receives, dockets, and acknowledges all formal documents filed with the Board; issues and serves on the parties to cases all Board Decisions and Orders; and certifies copies of all documents which are a part of the Board's files or records.
Sec. 201.1.2 0ffice of the Solicitor. The Solicitor is the Board's chief legal officer and advises the Board on questions of law and policy; adoption, revision, or rescission of Rules and Regulations and Statements of Procedure; pending legislation amending or affecting the Act; litigation affecting the Board, etc. The Office of the Solicitor drafts advisory opinions and declaratory orders for the Board concerning whether the Board would assert jurisdiction in a particular case.
Sec. 201.1.3 Division of Judges. The Chief Administrative Law Judge supervises the operations of this division. Administrative law judges are responsible for the conduct of all hearings and for the preparation of all administrative law judges' decisions in unfair labor practice cases. The Chief Administrative Law Judge has final authority to designate administrative law judges who conduct hearings and make rulings; to assign dates for hearings presided over by administrative law judges; and to rule upon requests for extensions of time within which to file briefs, proposed findings, and conclusions.
Sec. 201.1.4 Division of Information. The Information Office coordinates the Agency's information and public relations programs by conducting briefings and disseminating information of Agency activities through all news media and to companies, unions, law firms, academic groups, and others; and arranges for distribution of decisions and summaries of decisions.