FLRA vs. NLRB

Paper Summary:

The paper defines the FLRA and the NLRB and explains how and when each organization came into being. The writer explains that their fundamental purpose is to provide a mechanism for resolving conflicts between labor and management in an orderly fashion, while protecting the rights of employees to either engage in union activities or refrain from them. The paper shows that the reason the FLRA came into existence was because the NLRB did not serve government workers. The paper explains that it is questionable that the boards are fulfilling their intended roles as neutral agencies with the aim of ensuring that employee choice is realized. The writer explains that the unfair labor practices in the FLRA are taken to court to decide their outcome. In conclusion, the goal of any reorganization of the NLRB is to ensure impartiality in the handling of both the charges filed before and actions subsequently taken by the Board, in order to restore public trust in the institution.

From the Paper:

"In its statutory assignment, the NLRB has two principal functions. The first applies to situations in which a union represents thirty percent or more of any group of employees covered by the National Labor Relations Act. The board conducts secret ballot elections, to determine whether or not these employees wish to be represented in collective bargaining proceedings. The second is to prevent and remedy unlawful acts, commonly referred to as unfair labor practices (ULP) by either employers or unions. Under the provisions established by the NLRB, any individual or labor organization may file a charge alleging unfair labor practice with them. Subsequent to the filing of any charge, the board goes through a step-by-step process in order to arrive at a resolution. When unfair labor practice charges are filed, an investigation for determination of probable cause is conducted. Any charges found to be lacking in merit, are dismissed, although dismissals may be appealed to the office of the General Council in Washington, DC Should the Regional Director find reasonable cause to concur that a violation of the law has been committed, a voluntary settlement is initially sought to remedy the alleged violations. For all settlement efforts that prove unsuccessful, a formal complaint is then issued, bringing the case before an NLRB judge via hearings. Written decisions are issued by the judges, which are subject to appeal by the five-member board in Washington for final agency determination. This decision is not final however, as it can be submitted to the U.S. Court of Appeals for review."

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