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National Labor Relations Board (NLRB): Definition, Duties, and Activities

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Wꦐhat Is the National🌄 Labor Relations Board (NLRB)?

The National Labor Relations Board (NLRB) is an independent federal agency created by the U.S. Congress in 1935 to enforce the National Labor Relations Act (NLRA)—a landmark piece of legislation designed to protect the rights of most private-sector employees to collectively bargain for better wages and working conditions with or without the help of a 澳洲幸运5官方开奖结果体彩网:labor union.

Key Takeaways

  • The National Labor Relations Board (NLRB) is an independent federal agency created by the U.S. Congress in 1935 to enforce the National Labor Relations Act (NLRA).
  • The NLRB's purpose is to protect the rights of most private-sector employees and prevent employers and unions from engaging in unfair practices against them.
  • The NLRB has two principal functions: protect employees from unfair treatment by employers or unions and give employees the freedom to choose union representation via secret ballot elections.
  • The NLRB's five-member board acts as a quasi-judicial body and deals with issues passed on to them by regional offices.

Understanding the National Labor Relations Board (🎶✅NLRB)

The NLRA, otherwise known as the Wagner Act, is one of the most groundbreaking labor laws ever enacted in the United States. Its mission, in short, is to allow 澳洲幸运5官方开奖结果体彩网:private-sector employees working for companies that do business across state lines to join forces and engage in activities such as protests or strikes with or without a union. Should those rights not ꦅbe respected and lead to unfair treatment, it’s🥂 the NLRB’s job to investigate and, if necessary, take action.

The NLRB was given💛 the power to resolve labor disputes through quasi-jud𒅌icial proceedings and was assigned two principal functions:

  • Giving employees the freedom to decide whether they want union representation and, if so, to select the union by conducting secret ballot elections.
  • Preventing and remedying unfair labor practices orchestrated by employers, unions, or both.

Important

The National Labor Relations Act (NLRA) was amended by Congress several times, including in 1947 through the 澳洲幸运5官方开奖结果体彩网:Taft-Hartley Act, in 1959 through the Landrum-Griffin Act, and in 1974 when the NLRB was given jurisdictional authority over nonprofit hospitals and nursing homes.

NLRB Responsibilities

According to its website, ౠthe ๊NLRB’s core duties are:

  • To help employees conduct elections: Workers wanting to form or join a union or dissolve an existing one can file an election petition by contacting an information officer at their local regional office.
  • Investigating allegations: Employees whose NLRA rights have been violated can file a charge against an employer or labor union by completing a relevant and getting in touch with a local information officer.
  • Negotiating settlements: The NLRB encourages people to reach a settlement with employers or unions rather than pursue litigation.
  • Deciding cases: If a settlement cannot be reached, a hearing with an NLRB administrative law judge is organized. These hearings operate similar to a regular court proceeding, with both parties invited to present evidence, witnesses, and arguments.
  • Enforcing rules: Circuit courts evaluate the NLRB’s orders and then decide whether to enter a judicial decree forcing the order to be abided by.
  • Improving NLRA rules: As the labor market changes and evolves, the NLRB develops new ways to protect employee rights, including by modifying the NLRA that it is responsible for administering.

NLRB Structure

The NLRB is a fairly small agency, with 26 regional offices dotted across the United States. Workers who believe their rights have been violated or who have witnessed an employer or union engaging in unlawful conduct can contact one of these offices and file a charge.

The agency is governed by a five-person board and a general counsel, who are each appointed by the U.S. president with the consent of the Senate. The board’s job is to determine whether labor violations have occurred, while the general counsel acts as a supervisor and prosecutor.

The Board

Each year, a new board member is appointed by the president, with the blessing of the Senate, for a five-year term. There are five people in total on the NLRB’s board. It is their duty to hear labor disputes and resolve them through quasi-judicial proceedings.

The General Counsel

The general counsel is responsible for supervising the NLRB’s field offices and for processing cases, as well as investigating and prosecuting unfair labor practices. This individual is appointed by the president for a four-year term and functions independently from the board.

Fast Fact

On its 80th anniversary, celebrated in 2015, the NLRB reported that more than 90% of the cases it receives are dealt with by its regional offices without requiring the board to intervene with formal litigation.

Examples of the NLRB Defending Employee Rights

Since its inceptiꦿon in 1935, the NLRB has successfully defended the rights of private-sector employees across all types of industries. Its work often makes the news 𒁃and has helped to shape American labor practices.

High-profile cases in which the NLRB has been involved include helping to end a baseball strike that culminated in the cancellation of the 1994 playoffs and World Series. With the game in disarray, the NLRB persuaded then-District Court Judge Sonya Sotomayor to issue an injunction that required team owners to reinstate the provisions of the old collective bargaining agreement. Former President Barack Obama once claimed that this move “saved baseball.”

The NLRB continues to be in the news. In November 2021, the agency gave workers at an Amazon warehouse in Alabama a second shot at unionizing after concluding that the ecommerce giant interfered in the first election. On Dec. 14, 2022, the Los Angeles office of the NLRB agreed to look into a case filed by the National College Players Association (NCPA) alleging unfair labor practices on behalf of the University of Southern California football and basketball teams. This 🎃was part of an ongoing debate regarding classifying student-athletes as employees of un💫iversities and protecting them as such.

NLRB Enforcement Power 

The NLRB has no independent statutory power to enforce its decisions and orders, but it may seek enforcement through a U.S. court of appeals. The agency’s board is also not permitted to act on its own motion and can only pursue cases that have been initiated by employees, employers, or unions. It also helps employees conduct union elections.

What Does the National Labor Relations Board Do?

The NLRB’s obj▨ective is to safeguard most private-sector employees’ rights to bargain for better wages and working☂ conditions, either with or without a union.

Which Employees Are Covered by the NLRA?

The NLRB covers most of the private sector. Those it cannot help to protect include public-sector employees, agricultural and domestic workers, independent contractors, workers employed by a parent or spouse, employees of air and rail carriers covered by the Railway Labor Act, and, in some cases, supervisors.

What Does the National Labor Relations Act Do for Workers?

The NLRA gives employees the right to organize and form un꧟ions and engage in specific activities to improve their w🦂orking conditions.

The Bottom Line

The National Labor Relations Board is a federal agency that enforces the Na🅠tional Labor Relations Act. It protects the rights of most private-sector employees, who can petition it for help when bargaining for better wages and working conditions collectively. Employees can file a charge against an employer and labor union at one of its 26 regional offices, and the NLRB will investigate. The NLRB cannot open cases on its own.

Article Sources
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