When complaints of Unfair Labor Practices issued by regional directors do not lead to settlement, they typically result in a hearing before an NLRB Administrative Law Judge. As in any court proceeding, both parties prepare arguments and present evidence, witnesses, and experts. After evaluating the evidence, the judges issue initial decisions. ALJ decisions are subject to review by the Board in Washington D.C., composed of five Members nominated by the President and confirmed by the Senate. Any or all parties can appeal by filing exceptions.
In considering an appeal, the Board reviews the case record, including all all documents produced by the regional investigation. Often a panel of three Board Members will decide a case, but the full Board usually considers novel or potentially precedent changing cases. The Board issues several hundred decisions per year.
Board decisions may be appealed to an appropriate U.S. Court of Appeals, and ultimately to the U.S. Supreme Court.
Click here for charts and data on decisions.
Invitations to file briefs
When considering significant or potentially precedential cases, the Board may invite briefs from any interested parties to gather an array of viewpoints and experiences. A list of recent invitations is here.
Two-member Board Cases
For 27 months ending in the spring of 2010, the Board operated with three seats vacant. The two remaining members issued hundreds of decisions; in June, 2010, the Supreme Court ruled in New Process Steel that the two members lacked the authority to do so. About 100 two-member decisions were returned to the Board for reconsideration; as of early 2011, new decisions had been issued in all but a few of them. More information, including a list of affected Board decisions, is available here.
