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:
- Misconduct during union elections
- Retaliations against organizers and members
- Failure to negotiate in good faith
- Refusal to abide by a collective bargaining agreement
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.
Neil H. Deutsch has been practicing law for over 35 years and is known as a skilled negotiator in employment and discrimination law. He believes in a bottom-line approach of risk analysis and cost effectiveness for his clients. "Case evaluation is something we take seriously," says Mr. Deutsch who seeks top net dollar for his…
Bruce L. Atkins is the senior managing partner at Deutsch Atkins & Kleinfeldt P.C., a prominent plaintiff employment law firm in the tri-state area. Mr. Atkins believes employees’ rights should be aggressively pursued when they’ve been wrongfully dealt with by their employers. He brings this philosophy to his practice when considering each case and its…
Adam J. Kleinfeldt joined Deutsch Atkins & Kleinfeldt, P.C. in March of 2015. He primarily represents individuals in employment litigation such as discrimination, retaliation and whistle blowing matters. He has extensive experience in all phases of the litigation process. Adam has obtained significant results for his clients, including a $525,000 jury verdict in a sexual…
Diane Englander Peyser joined Deutsch Atkins & Kleinfeldt, P.C. in September 2018 where she represents employees in wrongful termination, retaliation, harassment, and discrimination matters. Prior to joining Deutsch Atkins & Kleinfeldt, P.C., Diane represented clients in all aspects of employment law on behalf of employees involving unemployment appeals, claims of sexual harassment, LGBT discrimination, disability…
Debra M. McGarvey joined Deutsch Atkins & Kleinfeldt, P.C. in December 2019. She has extensive experience defending employees and employers in state and federal court in employment litigation matters. She has represented clients on various issues arising out of the New Jersey Law Against Discrimination (NJLAD), the New Jersey Conscientious Employee Protection Act (CEPA), the…
