National Labor Relations Board - NLRB

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The National Labor Relations Board (NLRB) was established in 1935 to administer and interpret the National Labor Relations Act (NLRA). It presides over questions of unfair labor practices and other matters relating to the application of the NLRA.Barring a few exceptions, the NLRB has authority only over private-sector employers and the U.S. Postal Service, but could probably assume jurisdiction over any employer substantially affecting interstate commerce.

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In 1947, the agency split into two primary divisions: the Board, consisting of five members adjudicating labor relations matters brought before it, and the Office of the General Counsel, which investigates and prosecutes unfair labor practice claims.

The general counsel itself has four divisions: the Division of Operations Management, the Division of Administration, the Division of Advice, and the Division of Enforcement Litigation. The Board’s five members are appointed by the president and approved by the U.S. Senate and adjudicates cases brought before it through all avenues, not just through the general counsel.

Cases under the NLRB’s jurisdiction first arrive either by way of the general counsel or by individual parties against employers or unions through one of the 51 regional field offices around the country. The regional office dealing with the matter investigates the complaint's legitimacy. Matters that are deemed to constitute possible violations are sent to an administrative law judge.

The judge holds a hearing on the matter which in turn can be reviewed by the Board. Objections to a decision by the NLRB can be reviewed by a federal appeals court.

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NLRB members
The NLRB is made up of five members who are appointed by the President of the United States for a five-year term and approved by the Senate. The board members terms are staggered with one term expiring each year. Currently, there are three vacanies on the NLRB. The members at this time are Peter Carey Schaumber and Wilma B. Liebman.

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Related articles on the National Labor Relations Board (NLRB) featured in HR Hero Line

• Controversy Continues over NLRB Nominee
  (Human Resources News, January 2010)
• NLRB May Make Significant Changes Even Without EFCA
  (Federal Employment Law Insider, December 2009)
• EFCA: The Saga Continues, As Does the Misinformation
  (Federal Employment Law Insider, September 2009)
• Possible Impact of New NLRB on Employers
  (Indiana Employment Law Letter, August 2009)
• Obama Administration's Changes at DOL, EEOC, and NLRB
  (Federal Employment Law Insider, March 2009)
• Employee Free Choice Act: What Employers Should Do Now
  (Kansas Employment Law Letter, January 2009)
• Economy, Political Changes Could Create Perfect Storm for Employment Lawsuits
  (Kansas Employment Law Letter, January 2009)
• Potential Changes After 2008 Elections
  (Indiana Employment Law Letter, June 2008)
• Union Card Checks and Neutrality Agreements
  (Michigan Employment Law Letter, August 2007)
• Protecting Your Company's E-mail from Union Organizing
  (New York Employment Law Letter, June 2007)

HR Tools for NLRB

• Sample Policy - Solicitation
• Sample Policy - Bulletin Boards
• Forms - National Labor Relations Board