NLRB Case Intake Falls in 2012

The National Labor Relations Board (NLRB) experienced a nearly 3% decrease in overall case intake during fiscal year 2012, according to the agency’s annual Summary of Operations Report .
The agency received a total of 24,275 cases filed under the National Labor Relations Act, including 21,629 unfair labor practice (ULP) cases, a 2.5% decrease from FY ’11, and 2,646 representation cases, a more than 6% decrease.
The NLRB’s processes can be invoked only by the filing of an ULP charge or a representation petition by a member of the public. The agency has no authority to initiate proceedings on its own.
The report also shows that the NLRB exceeded two of its three case handling goals for last year and narrowly missed a third, closing:

• 84.5% of all representation cases within 100 days (target 85.2%)
• 72.7% of all ULP cases within 120 days (target 72%), and
• 83.8% of all ULP cases found to merit formal proceedings (“meritorious cases”) with 365 days (target 80.3%).

Other FY ’12 highlights from the report:

• 93.9% of all initial elections were conducted within 56 days of the filing of the petition
• Initial elections in union representation elections were conducted in a median of 38 days from the filing of the petition
• A 91.0% settlement rate was achieved in the Regional Offices in meritorious unfair labor practice cases
• 97% of the petitions litigated in federal district court resulted in a satisfactory settlement or substantial victory
• The Regional Offices won 90.1% of Board and Administrative Law Judge ULP and compliance decisions in whole or in part in FY ’12
• 94.5% of the 73 Board decisions under review by the US Courts of Appeals were enforced or affirmed in whole or in part
• A total of $44,316,059 was recovered on behalf of employees as backpay or reimbursement of fees, dues, and fines; 1204 employees were offered reinstatement

Read the full report