National Labor Relations Board (NLRB)

Definition

The National Labor Relations Board (NLRB) is an independent agency of the United States federal government that was established by Congress in 1935 through the National Labor Relations Act (NLRA). The primary role of the NLRB is to supervise and manage the relationship between unions and employees in private-sector workplaces. The Board is responsible for:

• Ensuring fair labor practices: The NLRB investigates and rectifies unfair labor practices by employers and unions.

• Facilitating collective bargaining: By supervising elections for labor union representation and ensuring that employees’ choice of a bargaining representative is respected.

• Settling labor disputes: The NLRB has the power to adjudicate labor disputes and enforce its settlements in federal courts.

• Protecting employees’ rights: The NLRB safeguards the rights of employees to organize and to determine whether to have unions as their bargaining representative.

Examples

1. Unfair Labor Practice Case:

   • An employer unjustly fires an employee for engaging in union activities. The NLRB can investigate the occurrence, and if deemed an unfair labor practice, it can require the employer to reinstate the employee with back pay.

2. Union Representation Elections:

   • A group of employees at a manufacturing company wants to form a union. The NLRB can oversee a secret ballot election to determine whether a majority of employees wish to be represented by the union.

3. Dispute Mediation:

   • During collective bargaining negotiations between a corporation and a union, an impasse is reached. The NLRB can step in to mediate and help both parties come to an agreement.

Frequently Asked Questions (FAQs)

Q1: What does the NLRB do?

• The NLRB enforces labor laws concerning collective bargaining and unfair labor practices, oversees elections for labor union representation, and resolves labor disputes.

Q2: Who can file a complaint with the NLRB?

• Any employee, union, or employer can file a complaint regarding unfair labor practices or representation issues.

Q3: How does the NLRB enforce its decisions?

• The NLRB can seek enforcement of its orders through the federal courts.

Q4: Is the NLRB involved in public sector employee disputes?

• No, the NLRB’s jurisdiction is limited to private-sector employees. Public-sector labor relations are governed by different laws and agencies.

Q5: Can the NLRB’s decisions be appealed?

• Yes, decisions made by the NLRB can be appealed to the U.S. Court of Appeals and, in some cases, to the U.S. Supreme Court.

Related Terms with Definitions

Collective Bargaining

• Definition: The negotiation process between employers and a group of employees aimed at reaching agreements to regulate working conditions.

Unfair Labor Practices (ULP)

• Definition: Actions taken by employers or unions that violate the National Labor Relations Act.

Federal Mediation and Conciliation Service (FMCS)

• Definition: An independent agency that provides mediation and conflict resolution services to industry and government agencies.

Right-to-Work Laws

• Definition: State laws that prohibit agreements between labor unions and employers making membership or payment of union dues a condition of employment.

Online References

• National Labor Relations Board Official Website
• U.S. Department of Labor
• Cornell ILR School on Labor Relations

Suggested Books for Further Studies

1. Labor Law: Cases and Materials by Archibald Cox, Derek Curtis Bok, and Robert A. Gorman
2. The NLRB: A Study in Administrative Law and Procedure by Nelson Lichtenstein and Stephen K. Shaw
3. Labor Relations and Collective Bargaining: Private and Public Sectors by Michael R. Carrell and Christina Heavrin

Fundamentals of National Labor Relations Board (NLRB): Business Law Basics Quiz

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