The National Labor Relations Board (NLRB) is an independent agency of the federal government of the United States with responsibilities for enforcing U.S. labor law in relation to collective bargaining and unfair labor practices. Under the National Labor Relations Act of 1935 it supervises elections for labor union representation and can 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 to five-year terms and the General Counsel is appointed to a four-year term. The General Counsel acts as a prosecutor and the Board acts as an appellate quasi-judicial body from decisions of administrative law judges.
In the United States, a recess appointment is an appointment by the president of a federal official when the U.S. Senate is in recess. Under the U.S. Constitution's Appointments Clause, the President is empowered to nominate, and with the advice and consent (confirmation) of the Senate, make appointments to high-level policy-making positions in federal departments, agencies, boards, and commissions, as well as to the federal judiciary. A recess appointment under Article II, Section 2, Clause 3 of the Constitution is an alternative method of appointing officials that allows the temporary filling of offices during periods when the Senate is not in session. It was anticipated that the Senate would be away for months at a time, so the ability to fill vacancies in important positions when the Senate is in recess and unavailable to provide advice and consent was deemed essential to maintain government function, as described by Alexander Hamilton in No. 67 of The Federalist Papers.
National Labor Relations Board v Jones & Laughlin Steel Corporation, 301 U.S. 1 (1937), was a United States Supreme Court case that upheld the constitutionality of the National Labor Relations Act of 1935, also known as the Wagner Act. The case represented a major expansion in the Court's interpretation of Congress's power under the Commerce Clause and effectively spelled the end to the Court's striking down of New Deal economic legislation.
Lechmere, Inc. v. National Labor Relations Board, 502 U.S. 527 (1992), is a US labor law case of the Supreme Court of the United States on union rights and private property rights. It forbids nonemployee union organizers from soliciting support on private property unless no reasonable alternatives exist.
NLRB v. Truck Drivers Local 449, 353 U.S. 87 (1957), is an 8-0 decision by the Supreme Court of the United States in which the Court held that a temporary lockout by a multi-employer bargaining group threatened by a whipsaw strike was lawful under the National Labor Relations Act (NLRA), also known as the Taft-Hartley Act.
NLRB v. Mackay Radio & Telegraph Co., 304 U.S. 333 (1938), is a US labor law case of the US Supreme Court which held that workers who strike remain employees for the purposes of the National Labor Relations Act (NLRA). The Court granted the relief sought by the National Labor Relations Board, which sought to have the workers reinstated by the employer. However, the decision is much better known today for its obiter dicta in which the Court said that an employer may hire strikebreakers and is not bound to discharge any of them if or when the strike ends.
Hoffman Plastic Compounds, Inc. v. National Labor Relations Board, 535 U.S. 137 (2002), is a US labor law decision in which the US Supreme Court denied an award of back pay to an undocumented worker, Jose Castro, who had been laid off for participating in a union organizing campaign at Hoffman Plastics Compounds plant, along with several other employees. The case was originally filed against Hoffman by Dionisio Gonzalez, an organizer with the United Steelworkers.
Smith v. United States, 508 U.S. 223 (1993), is a United States Supreme Court case that held that the exchange of a gun for drugs constituted "use" of the firearm for purposes of a federal statute imposing penalties for "use" of a firearm "during and in relation to" a drug trafficking crime.
The 1940 New York state election was held on November 5, 1940, to elect three judges of the New York Court of Appeals, a U.S. Senator and two U.S Representatives-at-large, as well as all members of the New York State Assembly and the New York State Senate.
Communications Workers of America v. Beck, 487 U.S. 735 (1988), is a decision by the United States Supreme Court which held that, in a union security agreement, unions are authorized by statute to collect from non-members only those fees and dues necessary to perform its duties as a collective bargaining representative. The rights identified by the Court in Communications Workers of America v. Beck have since come to be known as "Beck rights," and defining what Beck rights are and how a union must fulfill its duties regarding them is an active area of modern United States labor law.
Wilma B. Liebman is an American lawyer and civil servant who is best known for serving as a Member of the National Labor Relations Board (NLRB). She was designated Chair of the Board by President Barack Obama on January 20, 2009, becoming only the second woman to lead the NLRB.
New Process Steel, L.P. v. NLRB, 560 U.S. 674 (2010), is a US labor law case of the United States Supreme Court holding that the National Labor Relations Board (NLRB) cannot make decisions without a quorum of three members.
Lafe E. Solomon was named the Acting General Counsel of the National Labor Relations Board (NLRB) on June 21, 2010, by President Barack Obama. His nomination to serve as General Counsel was sent to the U.S. Senate on January 5, 2011. On August 1, 2013, President Obama withdrew his nomination, instead choosing to nominate Richard Griffin, Jr. for the position. The action came about as a result of a compromise between Senate Republicans and the White House concerning nominations to the NLRB.
Union Pacific Railroad v. Brotherhood of Locomotive Engineers, 558 U.S. 67 (2009), was a United States Supreme Court decision on labor disputes.
National Labor Relations Board v. Noel Canning, 573 U.S. 513 (2014), was a United States Supreme Court case in which the Court unanimously ruled that the President of the United States cannot use his authority under the Recess Appointment Clause of the United States Constitution to appoint public officials unless the United States Senate is in recess and not able to transact Senate business. The Court held that the clause allows the president to make appointments during both intra-session and inter-session recesses but only if the recess is of sufficient length, and if the Senate is actually unavailable for deliberation. The Court also ruled that any vacancy in an office can be filled during the recess, regardless of when it arose. The case arose out of President Barack Obama's appointments of Sharon Block, Richard Griffin, and Terence Flynn to the National Labor Relations Board and Richard Cordray as the director of the Consumer Financial Protection Bureau.
NLRB v. Kentucky River Community Care, Inc., 532 U.S. 706 (2001), is a US labor law case, concerning the scope of labor rights in the United States.
Noel John Francisco is an American attorney who served as the Solicitor General of the United States from 2017 to 2020. He was the first Asian American confirmed by the United States Senate to hold the position.
Emporium Capwell v. Western Addition, 420 U.S. 50 (1975), was a United States Supreme Court case. The court reversed and remanded the Court of Appeals ruling. The Supreme Court ruled on the basis of the Civil Rights Act of 1964 and the National Labor Relations Act of 1935 (NLRA).
Sure-Tan, Inc. v. National Labor Relations Board, 467 U.S. 883 (1984) is a US labor law case that resulted in a split decision before the US Supreme Court. By a 7-2 majority, the Court ruled that undocumented immigrant workers were “employees” covered by the National Labor Relations Act (NLRA). However, by a 5-4 majority the Court ruled that the National Labor Relations Board (NLRB) was limited in its remedies for penalizing employers who fired undocumented workers for union organizing in violation of the NLRA. The decision was one of a series ruling on the rights of immigrant workers and was extended by Hoffman Plastic Compounds, Inc. v. NLRB.
NLRB v. Washington Aluminium Co., 370 U.S. 9 (1962), was a US labor law United States Supreme Court concerning the right of workers to engage in protected concerted activity. Section 7 of the National Labor Relations Act gives employees the right to "engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection." The Supreme Court ruled that a walk-out was protected activity even if workers did not present "a specific demand upon their employer to remedy a condition they found objectionable."
