National Labor Relations Board Sees 6 Percent Decrease in Total Case Intake and 21 Percent Decrease in Representation Elections

According to its 2011 summary of operations, which was released on March 8, 2012, the National Labor Relations Board (NLRB or Board) saw a 6 percent decline in total case intake (26,585 to 24,990). The overall case intake number included a 12.2 percent decline in representation case filings (3,204 to 2,813), which included both representation elections and decertification elections. Of particular note, the number of initial representation elections handled by the NLRB fell by 21 percent (1,790 to 1,423). This sharp decrease shows a continuing decline in union election activity.

Unfair labor practice (ULP) charge cases were the largest segment of the total case intake numbers. The number of ULP charges filed fell by 5.1 percent (23,381 to 22,117). Interestingly, while the number of ULP charges that were filed declined, the NLRB's regional offices issued 99 more complaints (1,243 to 1,342), which indicates that the regional offices are more aggressively prosecuting unfair labor practice charges. However, regional offices lost more ULP cases in 2011 than they did in 2010, with their success rate before Administrative Law Judges and the Board slipping from 91 percent to 87 percent. The NLRB also petitioned federal district courts for interim injunctive relief in ULP cases pending before the Board more frequently than last fiscal year (from 29 cases to 59 cases).

If you have questions about NLRB case handling procedures or practices, or other labor matters, please contact any of the Faegre Baker Daniels labor lawyers.