The National Labor Relations Board, or NLRB, is an administrative tribunal formed in 1935 under the National Labor Relations Act. The purpose of the NLRB is to handle charges of unfair labor practices involving the rights of employees to organize and actively try to improve their working conditions. The board has five seats although only a quorum of three is required for it to act. Board members are appointed by the President and confirmed by the Senate for five-year terms. The board currently has three members and can order injunctive relief — such as reinstatement of a terminated employee — as well as compensation for wages lost as a result of an unfair labor practice.
In most instances, the board deals with cases involving conflicts between unions and management, arising under the National Labor Relations Act. This can include:
However, the board also deals with cases involving employees fired, demoted or otherwise disciplined for engaging in bona fide concerted activity regarding their working conditions. This means that, while most instances of employer retaliation arise under other employment laws and usually fall under the jurisdiction of the Equal Employment Opportunity Commission (EEOC), some types of cases involving concerted activity may fall under the board’s jurisdiction.
Concerted activity can include discussing working conditions with coworkers or petitioning management for changes. Final decisions by the NLRB are appealable and enforceable by whichever U.S. court of appeals has geographical jurisdiction.