Operations In Fiscal Year 1988 - National Labor Relations Board

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Operations in Fiscal Year 1988 3Declared constitutional by the Supreme Court in 1937, the Actwas substantially amended in 1947, 1959, and 1974, each amendmentincreasing the scope of the NLRB's regulatory powers.The purpose of the Nation's primary labor relations law is toserve the public interest by reducing interruptions in commercecaused by industrial strife. It seeks to do this by providing orderlyprocesses for protecting and implementing the respectiverights of employees, employers, and unions in their relations withone another. The overall job of the NLRB is to achieve this goalthrough administration, interpretation, and enforcement of theAct.In its statutory assignment, the NLRB has two principal functions:(1) to determine and implement, through secret-ballot elections,the free democratic choice by employees as to whetherthey wish to be represented by a union in dealing with their employersand, if so, by which union, and (2) to prevent andremedy unlawful acts, called unfair labor practices, by either employersor unions or both.The NLRB does not act on its own motion in either function.It processes only those charges of unfair labor practices and petitionsfor employee elections that are filed in the NLRB's Regional,Subregional, and Resident Offices, which numbered 52 duringfiscal year 1988.The Act's unfair labor practice provisions place certain restrictionson actions of employers and labor organizations in their relationswith employees, as well as with each other. Its electionprovisions provide mechanics for conducting and certifying resultsof representation elections to determine collective-bargainingwishes of employees, including balloting to determine whethera union shall continue to have the right to make a union-shopcontract with an employer.In handling unfair labor practices and election petitions, theNLRB is concerned with the adjustment of labor disputes eitherby way of settlements or through its quasi-judicial proceedings,or by way of secret-ballot employee elections.The NLRB has no independent statutory power of enforcementof its decisions and orders. It may, however, seek enforcementin the U.S. courts of appeals, and parties to its cases alsomay seek judicial review.NLRB authority is divided by law and by delegation. Thefive-member Board primarily acts as a quasi-judicial body in decidingcases on formal records. The General Counsel, who, likeeach Member of the Board, is appointed by the President, is responsiblefor the issuance and prosecution of formal complaintsin cases leading to Board decision, and has general supervision ofthe NLRB's nationwide network of field offices.For the conduct of its formal hearings in unfair labor practicecases, the NLRB employs administrative law judges who hearand decide cases. Administrative law judges' decisions may be
4 Fifty-Third Annual Report of the National Labor Relations BoardCHART NO 2ULP CASE INTAKE(CHARGES AND SITUATIONS FILED)1978 . 39652F 1979— i41259.71 1980 440634.05S1081 • 43321C:IsA 1982 3 809734 9L 1983 r 406341984 A 355291392Y1985 32685E 469A 198634435.6R 1987 32043.601988 A 31453.70•F 15 ': :5 23 25 33 35 4: 45 50 55THOUSANDS=CHARGES FILED=SITUATIONS FILEDappealed to the Board by the filing of exceptions. If no exceptionsare taken, the administrative law judges' orders becomeorders of the Board.All cases coming to the NLRB begin their processing in theRegional Offices. Regional Directors, in addition to processingunfair labor practice cases in the initial stages, also have the authorityto investigate representation petitions, to determine unitsof employees appropriate for collective-bargaining purposes, toconduct elections, and to pass on objections to conduct of elections.There are provisions for appeal of representation and electionquestions to the Board.B. Operational Highlights1. Unfair Labor PracticesCharges that business firms, labor organizations, or both havecommitted unfair labor practices are filed with the NationalLabor Relations Board at its field offices nationwide by employees,unions, and employers. These cases provide a major segmentof the NLRB workload.Following their filing, charges are investigated by the Regionalprofessional staff to determine whether there is a reasonablecause to believe that the Act has been violated. If such cause is
Page 2: SEJOUR BÉBÉ GRATUITLe séjour est
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Page 8 and 9: TABLE OF CONTENTSCHAPTERPAGEI. Oper
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52 Fifty-Third Annual Report of the
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VUnfair Labor PracticesThe Board is
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Unfair Labor Practices . 59tection
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Unfair Labor Practices - 61violated
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Unfair Labor Practices 63dude, by r
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Unfair Labor Practices 65with the w
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Unfair Labor Practices 677. Other I
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Unfair Labor Practices 69need under
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Unfair Labor Practices 71cifically,
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Unfair Labor Practices 73In Delta-M
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Unfair 'Labor Practices 75future co
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Unfair Labor Practices 77business e
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Unfair Labor Practices 79E. Employe
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Unfair Labor Practices 81was irrele
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Unfair Labor Practices 83reasonably
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Unfair Labor Practices 85the future
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Unfair Labor Practices 87certificat
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Unfair Labor Practices 89al manager
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Unfair Labor Practices • 91the Bo
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Unfair Labor Practices 93approach h
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Unfair Labor Practices 95In attempt
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Unfair Labor Practices 97and work f
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Unfair Labor Practices 99fiscal yea
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Unfair Labor Practices 101ation" in
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Unfair Labor Practices 103when he s
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Unfair Labor Pracdces 1054. Couplin
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Unfair Labor Practices 107Chairman
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Unfair Labor Practices 109Member Jo
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Unfair Labor Practices 111terprise
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Unfair Labor Practices 113I. Recogn
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:-. - - --,Unfair Labor Practices 1
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Unfair Labor Practices 117spondent
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Unfair Label: Practices 119In Banda
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Unfair Labor Practices 121show that
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Unfair Labor Practices 123mained op
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Unfair Labor Practices 125have the
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Unfair Labor Practices 127The Board
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Unfair Labor Practices 129ted by th
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132 Fifty-Third Annual Report of th
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138 FIfty-Third Annual Report of th
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140 Fffty-Third Annual Report of th
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150 Fffty-Third Annual Report of th
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IxContempt LitigationIn fiscal year
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Contempt Litigation 159with 20 civi
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Contempt Litigation 161ued." In one
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Contempt Litigation 163Drug Researc
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XSpecial and Miscellaneous Litigati
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Special and Miscellaneous Litigatio
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INDEX OF CASES DISCUSSEDPageAqua-Ch
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Index of Cases DiscussedUnited Buil
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SUBJECT INDEX TO ANNUAL REPORT TABL
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1157Vptzi,1 Fla4rGa,N : Slwis!,*lop
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Appendix 189Table 2.-Types of Unfai
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Appendix 191illpa Onas00000, 0 0000
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Appendix 193Table 3B.—Formal Acti
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Table 4.—Remedial Actions Taken i
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Appendix1971121 1 i()120 .8 1 (..)1
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Table 5.—Industrial Distribution
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F21rezozp',5:x3 g g .• 2Kg. vo AE
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[:Min1:.1-1t. 1.1:I 1 :*.7T5Ja islE
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vA R....(4)irIxf IF1 1F R1°1i lill
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Table 7.-Analysis of Methods of Dis
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akOtia"Wt gi g gliMI g1 ..9.t^ 8i &
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Appendix, 211. 0 M N NO0g m a aod M
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Appendix 213Table 11.-Types of Elec
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Table 11B.-Representadon Elections
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Apiindix 217Table 11E.-Results of R
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Table 13.-Final Outcome of Represen
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cOO!ivq-1•-•ta'81§ --LA- Ia4.
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Table 14.-Valid Votes Cast in Repre
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Table 14.—Valid Votes Cast in Rep
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Appendix 227II1011.8§ 0>v>31 8819.
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Appendix233a7118126Wilnolvti200 A*
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Table 15C.—Geographic Distributio
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Appendix 23711.JA1Maia1I3 141OaAi.i
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Appendix243sirze-r:viocSciAn i 1 i
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Appendix24511 liSi:g• il. Ln..Stj
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Appendix 247Table 22.—Advisory Op
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