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National Labor Relations Board
The National Labor Relations Board (NLRB) is an independent agency of the federal government of the United States that enforces U.S. labor law in relation to collective bargaining and unfair labor practices. Under the National Labor Relations Act of 1935, the NLRB has the authority to supervise elections for labor union representation and to investigate and remedy unfair labor practices. Unfair labor practices may involve union-related situations or instances of protected concerted activity.
The NLRB is governed by a five-person board and a general counsel, all of whom are appointed by the president with the consent of the Senate. Board members are appointed for five-year terms and the general counsel is appointed for a four-year term. The general counsel acts as a prosecutor and the board acts as an appellate quasi-judicial body from decisions of 36 administrative law judges, as of November 2023. The NLRB is headquartered at 1015 Half St. SE, Washington, D.C., and it has over 30 regional, sub-regional, and residential offices throughout the United States.
The history of the National Labor Relations Board (NLRB) can be traced to enactment of the National Industrial Recovery Act in 1933. Section 7(a) of the act protected collective bargaining rights for unions, but was difficult to enforce. The NLRB was not given monitoring powers. A massive wave of union organizing was punctuated by employer and union violence, general strikes, and recognition strikes. The National Industrial Recovery Act was administered by the National Recovery Administration (NRA). At the outset, NRA Administrator Hugh S. Johnson believed that Section 7(a) would be self-enforcing, but the tremendous labor unrest proved him wrong. On August 5, 1933, President Franklin D. Roosevelt announced the establishment of the National Labor Board, under the auspices of the NRA, to implement the collective bargaining provisions of Section 7(a).
The National Labor Board (NLB) established a system of 20 regional boards to handle the immense caseload. Each regional board had a representative designated by local labor unions, local employers, and a "public" representative. All were unpaid. The public representative acted as the chair. The regional boards could hold hearings and propose settlements to disputes. Initially, they lacked authority to order representation elections, but this changed after Roosevelt issued additional executive orders on February 1 and February 23, 1934.
The NLB, too, proved ineffective. Congress passed Public Resolution No. 44 on June 19, 1934, which empowered the president to appoint a new labor board with authority to issue subpoenas, hold elections, and mediate labor disputes. On June 29, President Roosevelt abolished the NLB and in Executive Order 6763 established a new, three-member National Labor Relations Board.
Lloyd K. Garrison was the first chairman of the National Labor Relations Board (often referred to by scholars the "First NLRB" or "Old NLRB"). The "First NLRB" established organizational structures which continue at the NLRB in the 21st century. This includes the regional structure of the board; the use of administrative law judges and regional hearing officers to initially rule on cases; an appeal process to the national board; and the use of expert staff, organized into various divisions, at the national level. Formally, Garrison established the:
Within a year, however, most of the jurisdiction of the "First NLRB" was stripped away. Its decisions in the automobile, newspaper, textile, and steel industries proved so volatile that Roosevelt himself often removed these cases from the board's jurisdiction. Several federal court decisions further limited the board's power. Senator Robert F. Wagner (D – NY) subsequently pushed legislation through Congress to give a statutory basis to federal labor policy that survived court scrutiny. On July 5, 1935, a new law—the National Labor Relations Act (NLRA, also known as the Wagner Act)—superseded the NIRA and established a new, long-lasting federal labor policy. The NLRA designated the National Labor Relations Board as the implementing agency.
The first chairman of the "new" NLRB was J. Warren Madden, professor of the University of Pittsburgh School of Law. Madden largely confirmed the previous structure of the "first NLRB" by formally establishing five divisions within the agency:
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National Labor Relations Board
The National Labor Relations Board (NLRB) is an independent agency of the federal government of the United States that enforces U.S. labor law in relation to collective bargaining and unfair labor practices. Under the National Labor Relations Act of 1935, the NLRB has the authority to supervise elections for labor union representation and to investigate and remedy unfair labor practices. Unfair labor practices may involve union-related situations or instances of protected concerted activity.
The NLRB is governed by a five-person board and a general counsel, all of whom are appointed by the president with the consent of the Senate. Board members are appointed for five-year terms and the general counsel is appointed for a four-year term. The general counsel acts as a prosecutor and the board acts as an appellate quasi-judicial body from decisions of 36 administrative law judges, as of November 2023. The NLRB is headquartered at 1015 Half St. SE, Washington, D.C., and it has over 30 regional, sub-regional, and residential offices throughout the United States.
The history of the National Labor Relations Board (NLRB) can be traced to enactment of the National Industrial Recovery Act in 1933. Section 7(a) of the act protected collective bargaining rights for unions, but was difficult to enforce. The NLRB was not given monitoring powers. A massive wave of union organizing was punctuated by employer and union violence, general strikes, and recognition strikes. The National Industrial Recovery Act was administered by the National Recovery Administration (NRA). At the outset, NRA Administrator Hugh S. Johnson believed that Section 7(a) would be self-enforcing, but the tremendous labor unrest proved him wrong. On August 5, 1933, President Franklin D. Roosevelt announced the establishment of the National Labor Board, under the auspices of the NRA, to implement the collective bargaining provisions of Section 7(a).
The National Labor Board (NLB) established a system of 20 regional boards to handle the immense caseload. Each regional board had a representative designated by local labor unions, local employers, and a "public" representative. All were unpaid. The public representative acted as the chair. The regional boards could hold hearings and propose settlements to disputes. Initially, they lacked authority to order representation elections, but this changed after Roosevelt issued additional executive orders on February 1 and February 23, 1934.
The NLB, too, proved ineffective. Congress passed Public Resolution No. 44 on June 19, 1934, which empowered the president to appoint a new labor board with authority to issue subpoenas, hold elections, and mediate labor disputes. On June 29, President Roosevelt abolished the NLB and in Executive Order 6763 established a new, three-member National Labor Relations Board.
Lloyd K. Garrison was the first chairman of the National Labor Relations Board (often referred to by scholars the "First NLRB" or "Old NLRB"). The "First NLRB" established organizational structures which continue at the NLRB in the 21st century. This includes the regional structure of the board; the use of administrative law judges and regional hearing officers to initially rule on cases; an appeal process to the national board; and the use of expert staff, organized into various divisions, at the national level. Formally, Garrison established the:
Within a year, however, most of the jurisdiction of the "First NLRB" was stripped away. Its decisions in the automobile, newspaper, textile, and steel industries proved so volatile that Roosevelt himself often removed these cases from the board's jurisdiction. Several federal court decisions further limited the board's power. Senator Robert F. Wagner (D – NY) subsequently pushed legislation through Congress to give a statutory basis to federal labor policy that survived court scrutiny. On July 5, 1935, a new law—the National Labor Relations Act (NLRA, also known as the Wagner Act)—superseded the NIRA and established a new, long-lasting federal labor policy. The NLRA designated the National Labor Relations Board as the implementing agency.
The first chairman of the "new" NLRB was J. Warren Madden, professor of the University of Pittsburgh School of Law. Madden largely confirmed the previous structure of the "first NLRB" by formally establishing five divisions within the agency: