The National Labor Relations Board: Protector of Employee Rights

An in-depth examination of the NLRB's role and impact

The National Labor Relations Board (NLRB) is an independent agency of the federal government that is responsible for enforcing the National Labor Relations Act (NLRA).

Also known as the Wagner Act, the NLRA was passed in 1935 to guarantee private sector employees certain rights. The Act also resulted in the creation of the National Labor Relations Board. It's the duty of the NLRB to ensure that private employers and unions adhere to the guidelines outlined in the Act in order to protect employees from unfair labor practices.

The National Labor Relations Board was established in 1935 with the passage of the NLRA, a move that was prompted by increasing concerns over the treatment of private sector workers.

Prior to the Act's passage, there was a growing movement among organized labor to seek better treatment from employers. That prompted a series of worker strikes and factory takeovers, some of which led to clashes between workers who were trying to unionize and those who represented the interests of anti-union employers.

Congress passed the NLRA and in doing so, established certain rights and protections for employees. In order to ensure that workers' rights are maintained and protected, the Act provided for the creation of the National Labor Relations Board.

Although the constitutionality of the NLRA was challenged legally, it was upheld by the United States Supreme Court in National Labor Relations Board v. Jones & Laughlin Steel Corp. (1937).

The NLRB has a bifurcated structure, in which one side is governed by a five-person board and the other is governed by a general counsel. Both board members and the general counsel are appointed by the President with the Senate's consent.

The board is designed to act as a quasi-judicial body and has the authority to decide cases on the basis of formal records in administrative proceedings. Each board member is appointed for a five-year term. Appointments are staggered so that the term of one member expires each year.

The general counsel, meanwhile, is appointed for a four-year term and acts independently from the board. The main duty of the general counsel is to investigate and prosecute cases involving unfair labor practices and to supervise NLRB field offices in processing cases. Administrative law judges docket, hear, settle, and decide cases involving unfair labor practices nationwide.

Within the NLRB, there's an independent Office of the Inspector General (OIG), which was created through the Inspector General Act Amendments of 1988. The purpose of the OIG is to prevent and detect fraud, waste, abuse, and mismanagement within the government. The OIG is responsible for auditing and investigating NLRB programs and operations.

The NLRB enforces the NLRA, which affords certain rights and protections to private-sector employees. Under the Act, workers have the right to:

The NLRA also permits workers the right to strike but makes a distinction between lawful and unlawful strikes. Worker strikes may be deemed unlawful because of their timing, purpose, or misbehavior on the part of participants. For example, threatening physical violence or carrying it out against nonstriking employees would make a strike unlawful under NLRA rules.

In terms of who is protected, the NLRA applies to employers who engage in interstate commerce with some exceptions. It does not apply to airlines; railroads; employers who employ only agriculture workers; federal, state, or local governments; independent contractors; and supervisors (with limited exceptions).

The NLRB does not address issues related to unpaid wages, safety on the job, employment discrimination, or worker's compensation.

Sections 10 (j) and 10(l) of the NLRA grant the NLRB authority to seek temporary injunctions against employers and unions in federal district courts to halt unfair labor practices while a case is being litigated by the Board or an administrative law judge.

Under the NLRA, employees have the right to act in concert to try to improve working conditions with or without a union. The NLRB's job is to protect those rights by enforcing the guidelines of the NLRA through legal means. In terms of resolution, the NLRB primarily aims to facilitate settlements between employers and employees in lieu of litigation.

If an employee believes that their rights have been violated under the NLRA, they can file a charge against their employer or labor organization. The NLRB makes the necessary forms to file a charge available online, but employees can contact the NLRB's nearest regional office for help.

Board agents investigate charges and collect evidence, which may also require taking affidavits from involved parties and witnesses. A regional director evaluates the findings and some cases may require additional review by NLRB attorneys at the Division of Advice in Washington, D.C. It may take seven to 14 weeks for a decision to be made regarding the merits of a claim. During this time, cases may be dismissed, withdrawn, or settled.

If there's evidence to support the charge, the NLRB will first try to reach a settlement between the parties involved. When a settlement cannot be reached, the NLRB can then issue a complaint. Complaints outline any allegations of unfair practices committed by the employer, which may include:

Once a complaint is issued, a hearing is held before an NLRB administrative law judge if no settlement is reached. The NLRB represents the party who brought the charge throughout the proceedings and to their conclusion, assisted by board attorneys.

The NLRB can't assess penalties against employers, but it can seek remedies to make employees whole, including reinstatement and back pay for workers who were unfairly discharged.

The NLRB has overseen numerous cases involving disputes between workers and employers. Some of the most noteworthy decisions include the following cases.

In this case, the Supreme Court ruled that the NLRB's interpretation of the NLRA and, more specifically, the term "employees" was not in error. The case had been brought after Hearst Publications refused to enter into collective bargaining talks with their newsboys, who then filed a petition with the NLRB for certification as a union. Hearst disputed the NLRB's classification of the newsboys as employees, which became the focal point of the case.

At issue in this case was a dispute over whether teaching and professional staff at Yeshiva University should be considered employees under the NLRA. The Supreme Court ruled that full-time professors were excluded from collective bargaining rights based on the theory that they exercised managerial discretion with regard to academic matters.

In this case, the Supreme Court heard an issue involving union rights and private property rights. The dispute involved a question of access to private property by union organizers. The Supreme Court ruled that nonemployee union organizers could not solicit support for unionization on privately-owned property unless no other reasonable alternatives exist.

The passage of the National Labor Relations Act and the creation of the National Labor Relations Board reshaped the landscape of employer-employee relations in the U.S. Employees who had previously been at the mercy of employers gained new rights and protections, specifically with regard to organization.

Effectively, the NLRB has attempted to bring balance to the employer-employee relationship so that power is not one-sided. As a result, union membership has increased and workers who belong to unions have been encouraged to take a stand for their rights in the face of unfair practices. Without the protections of the NLRA and the charging process, private sector employees would be at a significant disadvantage in the workplace.

The main purpose of labor relations is to encourage and facilitate stronger relationships between employers and employees. That's done by identifying potential conflicts and resolving ones that already exist in a manner that's both speedy and fair in order to prevent unfair labor practices from persisting.

As of August 2023, the current general counsel of the NLRB is Jennifer A. Abruzzo. Ms. Abruzzo's term in office began July 22, 2021. She had previously worked for the NLRB as a field attorney, supervisory field attorney, deputy regional attorney, deputy assistant general counsel, deputy general counsel, and acting general counsel.

The strongest union security agreement is a closed shop, in which all employees must belong to the union before being hired and employers agree to only retain those employees who are part of the union. Closed shop arrangements were declared illegal by the Taft-Hartley Act, which was passed into law in 1947.

The National Labor Relations Board performs an important function in protecting labor rights in the United States. It's one of several federal agencies that exist to ensure that employees are treated fairly on the job. Understanding how the NLRB works and why it exists is important, particularly if you believe that your labor rights have been violated.

National Labor Relations Board. "Introduction to the NLRB."

National Archives. "National Labor Relations Act (1935)."

National Labor Relations Board. "Who We Are."

National Labor Relations Board. "Frequently Asked Questions - Office of the Inspector General."

National Labor Relations Board. "Frequently Asked Questions."

National Labor Relations Board. "The Right to Strike."

National Labor Relations Board. "Our Enforcement Activity."

National Labor Relations Board. "Investigate Charges."

Justia. "NLRB v. Hearst Publications."

Justia. "NLRB v. Yeshiva University."

Justia. "Lechmere, Inc. v. National Labor Relations Board."

National Labor Relations Board. "General Counsel."

International Brotherhood of Teamsters. "Definitions for Common Labor Terms."