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 Wilma B. Liebman and Peter C. Schaumber. (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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