Keith Mack
The National Labor Relations Board (NLRB) is an independent federal agency that safeguards employees' rights to organize and to determine whether to have unions as their bargaining representatives. The NLRB was first established in 1935 through the National Labor Relations Act (NLRA) and has since undergone several iterations, including the “First NLRB” or “Old NLRB” and the “new NLRB”. The NLRB is empowered to prevent unfair labor practices, conduct investigations, collect evidence, issue subpoenas, and require witnesses to give evidence. The general counsel of the NLRB is responsible for prosecuting unfair labor practice claims and supervising the NLRB field offices, while the board itself is the adjudicative body that decides on these cases. The NLRB also encourages parties to resolve cases by settlement rather than litigation, with more than 90% of meritorious unfair labor practice cases being settled by agreement.
| Characteristics | Values |
|---|---|
| First chairman | Lloyd K. Garrison |
| First Secretary | Benedict Wolf |
| First general counsel | Charles H. Fahy |
| First Chief Industrial Economist | David J. Saposs |
| Second chairman | Harry A. Millis |
| Purpose | To safeguard employees' rights to organize and to determine whether to have unions as their bargaining representative |
| Powers | Empowered to prevent unfair labor practices, lead investigations, collect evidence, issue subpoenas, require witnesses to give evidence |
| Formal structure | Executive Office, Examining Division, Administrative Division, Economic Division, Legal Division, Review Section, Publications Division, Trial Examining Division |
| Formal administrative distinction | Between the board and the general counsel |
| General counsel's responsibility | Investigating and prosecuting unfair labor practice claims, general supervision of the NLRB field offices |
| General counsel's term | Appointed by the president to a four-year term |
| Divisions overseen by the general counsel | Division of Operations Management, Division of Administration, Division of Advice, Division of Enforcement Litigation |
| Board's role | Adjudicative body that decides unfair labor practice cases |
| Established | 1935 |
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What You'll Learn
The National Labor Relations Board (NLRB)
In 1934, President Franklin D. Roosevelt established the National Labor Board under the National Recovery Administration (NRA) to implement the collective bargaining provisions. This board was also ineffective, and in 1934, Roosevelt established a new, three-member National Labor Relations Board. The first chairman of this "First NLRB" was Lloyd K. Garrison, who established organizational structures that continue today, including the regional structure of the board and the use of administrative law judges.
The National Labor Relations Act of 1935 (also known as the Wagner Act) superseded the National Industrial Recovery Act and designated the NLRB as the implementing agency. The NLRB was given the authority to supervise elections for labor union representation, investigate and remedy unfair labor practices, and enforce the National Labor Relations Act. 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 appointed by the president with Senate consent. The general counsel is responsible for investigating and prosecuting unfair labor practice claims and supervising the NLRB field offices, while the board decides the cases brought to it. The NLRB encourages parties to resolve cases by settlement rather than litigation, and more than 90% of meritorious unfair labor practice cases are settled by agreement.
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The US Department of Labor
The Department played a role in the creation of the Occupational Safety and Health Administration (OSHA) in 1971. OSHA was established to enforce rules and oversee state-run programs to protect against hazards in the nation's workplaces. The Department also promoted equal job opportunities, including voluntary minority-hiring agreements in the largely white construction industry, which became known as the "Philadelphia Plans".
In addition, the Department of Labor houses the independent Office of Federal Contract Compliance Programs (OFCCP), created in 1965 by Executive Order 11246 to eliminate discrimination by government contractors. The OFCCP coordinates equal opportunity efforts and helps improve their management.
The Department also includes the Bureau of Labor Standards, created in 1934 as a service agency and informational clearinghouse for state governments and other agencies to improve work conditions. The Bureau of Labor Statistics, another part of the Department, serves as a research arm for labour-related issues and is the principal fact-finding agency for the Federal Government in the field of labour economics and statistics.
The National Labor Relations Board (NLRB) is an independent federal agency that safeguards employees' rights to organise and determine their bargaining representative. The NLRB acts to prevent and remedy unfair labour practices committed by private sector employers and unions. The NLRB has established organisational structures that include regional boards, administrative law judges, and an appeal process to the national board.
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The Fair Labor Standards Act
The FLSA also includes provisions for youth employment, with the Child Labor Rules Advisor answering questions about the FLSA's youth employment provisions, including the age at which young people can work and the jobs they can perform. Additionally, the FLSA provides guidance on classifying workers as employees or independent contractors, with the Coverage and Employment Status Advisor helping to identify which workers are covered by the FLSA.
The Department of Labor has made updates and revisions to the regulations under the FLSA, such as updating the exemption from minimum wage and overtime pay requirements for executive, administrative, and professional employees. These revisions included increases to the standard salary level and compensation thresholds.
In terms of labor relations boards, the National Labor Relations Board (NLRB) is an independent federal agency that safeguards employees' rights to organize and determine their bargaining representative. The NLRB acts to prevent and remedy unfair labor practices committed by private sector employers and unions. The first chairman of the NLRB, Lloyd K. Garrison, established the organizational structures that continue today, including the regional structure of the board and the use of administrative law judges. The NLRB encourages parties to resolve cases by settlement rather than litigation, and it has the power to make labor law on a case-by-case basis.
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The Occupational Safety and Health Administration (OSHA)
OSHA sets and enforces standards to ensure safe and healthful working conditions for workers. This includes setting standards for workplace safety, such as the use of personal protective equipment, hazard communication, and ergonomic design. OSHA also provides training, outreach, education, and assistance to employers and workers to promote safe and healthful working conditions.
OSHA has been controversial since its inception, with inspectors being criticized for being "nitpickers" and the costs of compliance provoking opposition from manufacturers. However, OSHA has persisted in its mission to protect workers from hazards in the workplace and promote safe and healthful working conditions.
One example of OSHA's work is the promotion of equal job opportunities, such as in the largely white construction industry, where OSHA promoted voluntary minority-hiring agreements between unions and contractors. These "Philadelphia Plans" set numerical minority hiring goals for contractors in several cities, helping to improve equal opportunity efforts and management.
OSHA continues to play a crucial role in ensuring safe and healthful working conditions for workers across the nation, providing resources, training, and enforcement of standards to protect workers from hazards and promote their well-being.
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The Civil Rights Act of 1964
The Act established the independent Equal Employment Opportunity Commission to enforce non-discrimination in workplaces across the nation. The Commission is responsible for investigating and ruling on cases of unfair labour practices and violations of civil rights laws. It also has the power to impose fines for violations of certain sections of the Act.
The Act has been amended over the years, including through the Civil Rights Act of 1991 and the Lilly Ledbetter Fair Pay Act of 2009, to strengthen its provisions and ensure its effectiveness in protecting the civil rights of Americans.
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Frequently asked questions
The National Labor Relations Board (NLRB) is an independent federal agency that safeguards employees' rights to organize and to determine whether to have unions as their bargaining representative.
The NLRB acts to prevent and remedy unfair labor practices committed by private sector employers and unions. It also encourages parties to resolve cases by settlement rather than litigation.
The NLRB has five divisions: Administrative, Economic, Legal, Review, and Publications. Each division has a specific role, such as overseeing administrative activities, analyzing economic evidence, and handling press and public inquiries.
The general counsel is responsible for investigating and prosecuting unfair labor practice claims and supervising the NLRB field offices. The general counsel is appointed by the president and is independent from the board. The board, on the other hand, is the adjudicative body that decides on unfair labor practice cases.
