• Disposition of Unfair Labor Practices Cases Taking Up to 14 Weeks, Few ‘Overage’ Cases, NLRB General Counsel Reports
  • May 17, 2017 | Authors: Howard M. Bloom; Ethan J. Davis; Patrick L. Egan; Matthew D. Freeman; Evan M. Rosen; Jonathan J. Spitz
  • Law Firms: Jackson Lewis P.C. - Boston Office; Jackson Lewis P.C. - Atlanta Office
  • The National Labor Relations Board’s General Counsel has reported that for Categories III, II, and I unfair labor practice cases, disposition takes 7, 11, and 14 weeks, respectively. (“Disposition” for NLRB case tracking purposes is when the case is “dismissed, deferred, withdrawn, or settled; a complaint is issued; or a 10(k) notice of hearing is issued.”) Memorandum GC 17-02 Report on the Midwinter Meeting of the ABA (Mar. 10, 2017). Under the GC’s Impact Analysis system, cases are prioritized based on public impact and assigned to a category from Category III (highest) to Category I (lowest). For example, a bargaining order investigation (Category III) commands more Board resources than a single allegation of unlawful interrogation (Category I). When a charge is filed, the Region assigns the case an Impact Analysis category. Any case still pending disposition on the last day of the month in which the time target is exceeded is reported as “overage.” Such a case may be excused by the Division of Operations-Management. The Report notes that, in Fiscal Year 2016, only 1.62% of cases in Category I, 1.95% of cases in Category II, and 3.46% of cases in Category III were “overage” without excuse.