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National Labor Relations Board: Action Needed to Improve Case-Processing Time at Headquarters

HRD-91-29 Published: Jan 07, 1991. Publicly Released: Jan 07, 1991.
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Highlights

Pursuant to a congressional request, GAO reviewed the National Labor Relations Board's (NLRB) handling of regionally decided cases appealed to NLRB headquarters, focusing on: (1) the length of time taken to decide appealed cases since 1984; (2) factors contributing to excessive delays; and (3) the need for additional administrative or legislative actions.

Recommendations

Matter for Congressional Consideration

Matter Status Comments
To help reduce the problem of NLRB member turnover and vacancies, Congress may wish to provide for more continuity of members. Congress could amend the National Labor Relations Act (NLRA) of 1935 to include provisions similar to those applicable to other agencies, such as the Equal Employment Opportunity Commission, that would allow NLRB members whose terms are ending to either stay at NLRB until their replacement has been confirmed or continue for a limited period while a replacement is being sought.
Closed – Not Implemented
The House Government Reform and Oversight Committee, Human Resources and Intergovernmental Relations Subcommittee (formerly the House Government Operations Committee, Labor-Management Relations Subcommittee), has no plans to develop legislation addressing administrative reforms needed in NLRA/NLRB.

Recommendations for Executive Action

Agency Affected Recommendation Status
National Labor Relations Board The Chairman, NLRB, should: (1) establish standards for the total length of time a case should be at NLRB and a time for each decision stage that, when exceeded, requires corrective action; and (2) specify the corrective actions that NLRB members and staff should take when those targets are exceeded. Such action could range from more extensive NLRB involvement in addressing delays during the first two decision stages to more frequent use of the existing policy option of issuing decisions without waiting for untimely written dissents during the final decision stage.
Closed – Implemented
NLRB established written standards of 6 months for each stage and a total time of not more than 2 years to decide cases, established required procedural corrective actions, and implemented new monthly monitoring reports to identify cases that exceed 6 months in any stage and the number of cases that need to be decided to meet its goal of having no cases over 2 years old as of September 30, 1991.

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Administrative remediesAgency proceedingsAppellate procedureLabor lawLabor relationsLegal opinionsLegal recordsPersonnel managementReconsiderationsUnfair labor practices