National Labor Relations Board

The National Labor Relations Board (NLRB; referred to here as the Board) was established by the National Labor Relations Act (1935) as its administrative body of three members. The 1947 amendment expanded the NLRB to its present membership of five, appointed by the president and confirmed by the Senate. Functionally, the NLRB comprises several bodies with different roles: The 50 Regional and Area Offices handle routine information requests and initial contacts with labor and management officials; these offices receive requests for elections as well as unfair labor practice (ULP) charges; they conduct representation elections and certify the election outcomes.

The Office of the General Counsel offers general supervisory oversight of the 50 Regional and Area Offices. In addition, it investigates ULP charges and issues complaints where such is warranted. The full Board establishes general policies for the General Counsel and the 50 Offices. In addition, it oversees the administrative law judges, who hold elections under the act. In disputed ULP cases, the General Counsel acts as prosecutor and the Board acts as a judge. However, if either party in the dispute declines to obey the order of the Board, the General Counsel shall go before the U.S. Circuit Court of Appeals seeking an enforcement order, after another hearing. This potentially long delay is one of the complaints about the act and its enforcement, thus allowing the employer to use the act as a chilling effect on employees' actions.

The membership is naturally politically oriented as it collectively attempts to interpret and implement the provisions of the three statutes it administers. Over time, the Board's philosophy has changed from an emphasis on employee rights to employer rights, and decisions of a particular Board have reversed the decisions of previous Boards.