NLRB Reduces Case Backlog in 2012

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Published on Wednesday, 17 October 2012

The National Labor Relations Board issued 341 decisions in contested cases during Fiscal Year 2012, tackling many of its oldest cases. In resolving nine of the 10 oldest cases it faced at the start of the fiscal year, the NLRB cut the median age of pending cases in half – from 219 days to 108 days. Decisions were issued in 277 unfair labor practice cases and 64 representation cases. Also during this period, the Board finalized a rule to streamline the representation case process (currently suspended pending court challenges), and invited briefs from the public on several significant issues, including the employment status of certain university faculty members and graduate teaching assistants. Highlights of the NLRB’s FY2012 case production include D.R. Horton, in which the NLRB ruled that it is a violation of federal labor law to require employees to sign arbitration agreements that prohibit them from joining together in any forum to bring legal claims against the employer, and the “Facebook firing” case, in which the Board found that the particular postings that led to the employee’s termination were not protected. More such cases are pending. Read More.

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