Are NLRB decisions in unfair labor practice cases subject to judicial review?
Table of Contents
NLRB Rulings Subject To Review And Enforcement. The only final orders of the Board within the meaning of Sections 10(e) and (f) are those entered by the Board in unfair labor practice cases.
Where are NLRB decisions appealed to?
Board decisions may be appealed to an appropriate U.S. Court of Appeals, and ultimately to the U.S. Supreme Court.
How does the NLRB enforce its decisions?
In reviewing cases, the Circuit Courts evaluate the factual and legal basis for the Board’s Order and decide, after briefing or oral argument, whether to enter a judicial decree commanding obedience to the Order.
What type of agency is the NLRB?
independent federal agency
The National Labor Relations Board is an independent federal agency that protects the rights of private sector employees to join together, with or without a union, to improve their wages and working conditions.
What did the NLRB do?
The NLRB is an independent federal agency enforcing the National Labor Relations Act, which guarantees the right of most private sector employees to organize, to engage in group efforts to improve their wages and working conditions, to determine whether to have unions as their bargaining representative, to engage in …
How long do NLRB decisions take?
7 to 14 weeks
Typically, a decision is made about the merits of a charge within 7 to 14 weeks, although certain cases can take much longer. During this period, the majority of charges are settled by the parties, withdrawn by the charging party, or dismissed by the Regional Director.
What happens after the NLRB issues a decision?
After the Board issues a decision and final order in a contested unfair labor practice case, any person aggrieved may seek review of the final order, and the Board may seek enforcement of its order, in an appropriate United States Court of Appeals. Online NLRB decisions are offered in PDF format.
Are recess appointments to the NLRB valid?
On January 4, 2012, three individuals were named as recess appointments to the National Labor Relations Board. On June 26, 2014, the United States Supreme Court ruled in NLRB v. Noel Canning, 134 S. Ct. 2550 (2014), that these appointments to the Board were not valid.
Why did the NLRB create the ADR program?
The Board established the ADR program in response to the success experienced by other federal agencies and the federal courts in settling contested cases through ADR, as well as the success of the NLRB’s own settlement judge program at the trial level.
Are the board decisions listed below appropriate for publication?
The Board decisions listed below are not intended or appropriate for publication and are not binding precedent, except with respect to the parties in the specific case. The Board began posting all unpublished decisions here on February 4, 2011.