Legal Definitions - National Labor Relations Board (NLRB)

The National Labor Relations Board (NLRB) is an independent agency of the U.S. federal government. Established by Congress in 1935, its primary role is to enforce federal labor laws, particularly those outlined in the National Labor Relations Act (NLRA). This Act grants most private-sector employees the fundamental right to organize, form, join, or assist a labor union, or to refrain from such activities. It also gives them the right to bargain collectively with their employers through representatives of their own choosing.

The NLRB acts as a neutral body to prevent and remedy unfair labor practices committed by either employers or unions. It oversees union elections to ensure they are conducted fairly and determines which labor organization, if any, will represent a group of employees. The agency investigates complaints, conducts hearings, and issues decisions to resolve disputes related to these rights. Its jurisdiction generally covers businesses that affect interstate commerce.

The NLRB consists of a five-member Board, which acts like a court in deciding cases, and a General Counsel, who is responsible for investigating and prosecuting unfair labor practice complaints and overseeing the agency's field offices. Both the Board members and the General Counsel are appointed by the President and confirmed by the Senate.

Here are some examples of how the NLRB's functions apply in real-world situations:

• Example 1: Overseeing Union Elections
  Employees at a large online retail warehouse decide they want to form a union to negotiate for better wages and safer working conditions. They gather enough signatures from their coworkers to demonstrate significant interest. They then petition the NLRB to conduct a secret-ballot election. The NLRB would investigate to ensure the proposed group of employees is appropriate for union representation, then supervise the election process to guarantee fairness and prevent coercion from either the employer or the union. If the majority of employees vote for the union, the NLRB certifies the union as the employees' official bargaining representative.
  This example illustrates the NLRB's role in facilitating and supervising fair union elections, a core right granted to employees under federal labor law.
• Example 2: Investigating Unfair Labor Practices by Employers
  A barista at a coffee shop chain is actively involved in organizing efforts to form a union. After several meetings with coworkers about unionizing, the barista is suddenly fired for a minor policy violation that had previously been overlooked for other employees. Believing the termination was a retaliation for their union activities, the barista files an unfair labor practice charge with the NLRB. The NLRB's General Counsel's office would investigate the complaint, interview witnesses, and gather evidence. If they find that the employer indeed fired the barista due to their union organizing, the NLRB could prosecute the case, potentially leading to the barista's reinstatement, back pay, and an order for the employer to cease such illegal practices.
  This example demonstrates the NLRB's function in investigating and remedying employer unfair labor practices that interfere with employees' protected right to organize and engage in union activities.
• Example 3: Addressing Failures in Collective Bargaining
  After employees at a manufacturing plant successfully unionized and the union was certified by the NLRB, the union and the company began negotiating their first collective bargaining agreement. However, the company repeatedly canceled bargaining sessions, refused to provide relevant financial information requested by the union to support wage proposals, and made "final offers" without engaging in genuine discussion. The union believes the company is not bargaining in good faith as required by law. The union can file an unfair labor practice charge against the company with the NLRB. The NLRB would investigate these claims, and if it determines the company violated its duty to bargain in good faith, it could issue an order compelling the company to return to the bargaining table and negotiate genuinely with the union.
  This example highlights the NLRB's role in ensuring that both employers and unions fulfill their legal obligation to bargain in good faith once a union has been recognized, thereby promoting stable labor relations.