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Unformatted text preview: Labor Law Final Outline 1. THE JURISDICTION, STRUCTURE, AND PROCEDURE OF THE NLRB 1(A). A Brief Overview of NLRB Structure and Procedure 1(A)(i). The Board and the General Counsel I. NLRB 5 Washington members (typically 3/2 political parties 1 chair). a. Regions head of region is Regional Director (not a political appointment hired job) works for Board and Regional Counsel . II. General Counsel separate from Board GC issues complaints and NLRB deals with them. 1(A)(ii). Unfair Labor Practice and Representation Proceedings given no private right of action, NLRB works primarily in two areas: I. 8 Unfair Labor Practices (ULP, complaint proceedings) procedure: 1)appeal to Regional Director by employees (can decide to issue complaint); 2)litigation in Regional office (Regional Counsel represents gov.); 3)ALJ (employee of Board but paid by OMB) makes finding of fact and law based on Board law; 4)passes to NLRB which may adopt ALJs reasoning or take account of the exceptions (General Counsel represents gov.); 5)NLRB order is not self-enforcing needs to be enforced by Court of Appeals ( 10(e) ); 6)party may contest Board ruling with the circuit where the ULP occurred, the DC Circuit, or any circuit where the party resides or does business ( NLRA 10(f) ) possibility of circuit shopping. a. Preliminary Injunctive Relief- 10(l) for 8(b)(4)(A-C),(b)(7),(e) so called mandatory injunction regional director must go to district court if he has reasonable cause to believe in violation (can proceed without NLRB OK) - 10(j) for all other ULPs, requires NLRB authorization to obtain temporary relief of restraining order. b. Remedies- 10(c) allows taking of affirmative action to remedy. II. 9 Representation Proceeding ( nonadversary parties only advise Regional Director who advises Board and ex parte communications between parties is allowed) requires filing a petition. a. Petitions : most common type is where union seeks representation authority through election (what Brown is about) many issues can be brought up ( 9(b) ): 1)appropriate bargaining unit; 2)who is a part of the unit and gets to vote (look at community of interests; 3)who is excluded from the unit; 4)are there people ineligible to vote under the statute; 5)where/when is election held? i. Other petitions : 1)decertification by employer (individualacting in their behalf) or employees ( 9(c)(1)(A(ii) ); 2)employer claim that more than one labor org. wants to be rep. ( 9(c)(1)(B) ). b. Procedure : 1)commenced at Regional level; 2)Regional Board grants review only where there is a substantial question of law or policy (decision in such a case is not real a violation of NLRA and amounts to more of a warning); 3)given nonadversary nature, cant appeal decision, need to convert it into a ULP proceeding - 9(d) says that record in representation proceeding becomes record in ULP proceeding (therefore, need to raise all...
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