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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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Related articles on NLRB from the State Employment Law Letters
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Is a union targeting you?
  Michigan Employment Law Letter, June 2008
Can rules and restrictions imposed by a nonunion employer violate the NLRA?
  Indiana Employment Law Letter, June 2008
Enforcement of no-solicitation/no-distribution rule attacked
  Wisconsin Employment Law Letter, May 2008
NLRB proposes new rules to expedite union elections
  Florida Employment Law Letter, April2008
Gasping for breath
  Federal Employment Law Insider, March 2008
NLRB allows e-mail policy prohibiting nonjob-related solicitations
  Kentucky Employment LawLetter, February 2008
Union activity doesn't give employees right to refuse work
  New Jersey Employment LawLetter, January 2008
NLRB peppers union salts
  Kentucky Employment Law Letter, December 2007
Recent deluge of 3-2 NLRB decisions reflects current White House politics
  South CarolinaEmployment Law Letter, November 2007
Strikes aren't just for unions anymore ― actually, they never were
  LouisianaEmployment Law Letter, November 2007
R-E-S-P-E-C-T! Find out what it means
  Nevada Employment Law Letter, November 2007
Confronting union tactics
  Federal Employment Law Insider, August 2007
Griping over pay
  Alabama Employment Law Letter, June 2007
Be careful how you word your confidentiality policies and agreements
  New York EmploymentLaw Letter, May 2007
Court finds that three handbook rules violate NLRA
  Kentucky Employment Law Letter, April2007
NLRA applies to Indian casinos
  California Employment Law Letter, February 26, 2007

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