What is an NLRB representation case?

What is an NLRB representation case?

Representation petitions are filed by employees, unions and employers seeking to have the NLRB conduct an election to determine if employees wish to be represented for purposes of collective bargaining with their employer.

What was the significance of the decision in the NLRB v Weingarten case?

It held that employees in unionized workplaces have the right under the National Labor Relations Act to the presence of a union steward during any management inquiry that the employee reasonably believes may result in discipline. NLRB v. J.

What did the Wagner Act of 1935 do?

In February 1935, Wagner introduced the National Labor Relations Act in the Senate. The Wagner Bill proposed to create a new independent agency—the National Labor Relations Board, made up of three members appointed by the President and confirmed by the Senate-to enforce employee rights rather than to mediate disputes.

How long do NLRB cases 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 During this period, the majority of charges are settled by the parties, withdrawn by the charging party, or dismissed by the Regional Director.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 can the NLRB do?

The National Labor Relations Board is an independent federal agency vested with the power to safeguard employees’ rights to organize and to determine whether to have unions as their bargaining representative.

How do I take a case before the NLRB?

Now in its Ninth Edition and trusted for over 50 years, How to Take a Case Before the NLRB is the go-to reference for expert guidance on the Board s complex procedures. The treatise is the most comprehensive analysis of NLRB procedures available, indispensable for attorneys representing employers and unions alike.

What did the NLRB do?

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.

Are NLRB cases public?

You can search by the NLRB case name, number, or search terms to locate any responsive records. Monthly records related to representation and unfair labor practice cases. Cases and Organizations of Interest. This page links to the case pages of NLRB cases that are great public interest.

What happens with an NLRB charge?

If the NLRB determines that your rights have been violated by an employer or a union, you may be awarded appropriate remedial relief. For example, if an employer has unlawfully fired an employee, the NLRB may order the employer to rehire the employee and to pay the employee lost wages and benefits.

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.

Does NLRB hear cases?

Administrative Law Judge Decisions After a Regional Director issues a complaint in an unfair labor practice case, an NLRB Administrative Law Judge hears the case and issues a decision and recommended order, which can then be appealed to the Board in Washington.

Can NLRB decisions be appealed?

The Board issues several hundred decisions per year. Board decisions may be appealed to an appropriate U.S. Court of Appeals, and ultimately to the U.S. Supreme Court.

Can I deny union representation?

If the supervisor denies the request for union representation and continues the interview, the employee has the legal right to refuse to answer questions. The representative is allowed to advise and assist the employee in presenting the facts.

What happens if my Weingarten Rights are violated?

Depending on the circumstances of each case, the Board may order that the employer cease and desist, post a remedial notice, require the employer to repeat the interview with a union member present, or rescind and remedy discipline resulting from a Weingarten violation.

Who did the National Labor Relations Act help?

The NLRA protects workplace democracy by providing employees at private-sector workplaces the fundamental right to seek better working conditions and designation of representation without fear of retaliation. Section 1. [§151.]

Why was the NLRB established?

Congress enacted the National Labor Relations Act (“NLRA”) in 1935 to protect the rights of employees and employers, to encourage collective bargaining, and to curtail certain private sector labor and management practices, which can harm the general welfare of workers, businesses and the U.S. economy.

What is the main purpose of the National Labor Relations Act?

In 1935, Congress passed the National Labor Relations Act (“NLRA”), making clear that it is the policy of the United States to encourage collective bargaining by protecting workers’ full freedom of association.

What is the NLRB’s final rule on representation cases?

The National Labor Relations Board’s (NLRB) Final Rule governing representation-case procedures is designed to remove unnecessary barriers to the fair and expeditious resolution of representation questions.

What are the NLRB case activity reports?

NLRB Case Activity Reports ➕➖Annual Case Intake Unfair Labor Practice and Representation Cases Filed per Fiscal Year ➕➖Representation Cases ➕➖Intake Decertification Petitions – RD Representation Petitions – RC Employer-Filed Petitions – RM Recent Filings ➕➖Election Election Statistics Size of Bargaining Units in Elections

How will the NLRB serve a petition for election?

NLRB regional offices will serve a Notice of Hearing and a Notice of Petition for Election (along with a copy of the petition, description of representation case procedures and the Statement of Position form) on all parties.

Can a Union represent an unrepresented unit of employees?

Under the proposed amendments, a typical representation case in which a union seeks to represent an unrepresented unit of employees would proceed this way (if the union and the employer were not able to reach an election agreement): 1.