by Lisa White

Lisa WhiteJuly 7, 20250 comments

Appealing a Decision of the National Labor Relations Board

In 1935, Congress enacted the National Labor Relations Act (the “Act”) and created the National Labor Relations Board (“NLRB”). The NLRB was formed to adjudicate disputes between employers and employees, while protecting the rights of employees to choose for themselves whether to engage in protected activities such as collective bargaining. The NLRB’s mission is to provide a pathway to dispute resolution without causing business interruptions and disruptions in the flow of commerce that can occur from employee strikes and other protests. The NLRB handles disputes related to union representation and unfair labor practices. Employment lawyers can assist clients in preparing and filing a charge with the NLRB for either of these avenues. Unfair labor practices, as defined in the Act, include an employer interfering with an employee’s right to self-organize, form, or join a labor organization, and collective bargaining. Among the statute’s list of defined activities, unfair labor practices also includes discrimination or termination of an employee for filing charges or providing testimony under the Act.
If an employee receives an unfavorable decision from the NLRB, he or she has the right to appeal the decision. There are different paths for appeal, depending on the stage in the process and the type of claim. If the NLRB refuses to pursue a complaint on behalf of a party, an appeal can be submitted to the General Counsel for review. If an administrative law judge issues an adverse decision, that decision can be appealed to a U.S. Court of Appeals, and then ultimately to the U.S. Supreme Court.
Appeals have specific deadlines, and can require submission of briefs and sometimes oral argument, which are best discussed during a consultation with an employment lawyer. None of the information provided in this article constitutes legal advice. Every situation is different and should be thoroughly reviewed by and discussed with your legal advisors. Please do not rely on the contents of this article as a basis for making decisions regarding your particular situation.