Other Fields
Agency Scheme: 
NLRBULPC0001
Level: 
Appeal Level One
ADJUDICATION STRUCTURE
Appeals: Basic Structure
Appeal Office (local name): 
Board
Appeal Office (global name): 
National Labor Relations Board: Board
Appeal Officer #1 (Title): 
Chairman
Appeal Officer #2 (Title): 
Board Member
Are administrative appeals permitted from final decisions issued by this appellate office?: 
No
Comments/Notes on Adjudication Structure: 
The Board hears appeals regarding both representation cases and unfair labor practices cases.
PROCESS & PROCEDURE - General Information
Which party (or parties) is/are permitted to file appeals with this office?: 
Either
Are private parties permitted to have representation at appeal hearings?: 
Yes (All Types of Cases)
Who may serve as a private party representative?: 
Either
About what percentage of private parties were represented at hearings (FY2013)?: 
100.00%
Is the agency permitted to have representation at appeal hearings?: 
Yes (Some Types of Cases)
Who may serve as an agency representative?: 
Attorney
Are ex parte contacts prohibited?: 
Yes (All Types of Cases)
Regulations/rules of practice for appeal hearings (please include CFR citations): 
29 C.F.R. Part 102
Other published guidance for appeal hearings (if any): 
NLRB Casehandling Manual, Part 1, Unfair Labor Practice Proceedings; NLRB Casehandling Manual, Part 2, Representation Proceedings
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted on appeals adjudicated by this office?: 
Written (Document-Only) Hearing
In-Person
Please provide the approximate percentage of each type of hearing relative to the total number of appeal hearings (FY2013)
Written (Document-Only) Hearing: 
100%
How is the type of hearing selected for appeals heard by this office?: 
By Agency
Required by Rule
How many appeal officers preside at each hearing?: 
Varies by Case
If "Varies by Case," please describe: 
Generally, cases are heard by three-member panels. Cases may also be heard by the full Board (en banc).
Is factual development permitted at the appellate hearing as a means of supplementing the record from below?: 
No
Can third-parties submit amicus briefs and/or evidence?: 
Adjudication Officer Discretion
Are appeal hearings recorded and/or transcribed?: 
Yes
N/A (Document-Only Hearings)
Are appeal hearings open to the public?: 
Varies by Case
If "Varies by Case," please describe: 
In-person hearings are presumed open, but may be closed under certain conditions. This question is not applicable to document-only hearings.
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts final decisions on appellate cases adjudicated by this office?: 
Adjudication Officer
Staff Attorney
If "Other/Varies by Case," please describe: 
Final decisions are issued by the Board. Preliminary drafts typically are provided by staff attorneys.
Who has authority to issue final decisions on appellate cases adjudicated by this office?: 
Adjudication Officer
Do agency regulations or guidance provide time limits for issuance of final decisions on appellate cases?: 
No
About how long does it take on average—as of FY2013—to adjudicate appeals by this office?: 
169 Days
Is judicial review available after issuance of a final decision on appellate cases adjudicated by this office?: 
Yes (Some Types of Cases)
If "Yes (Some Types of Cases)," please describe types of decisions/cases that are judicially reviewable: 
Unfair labor practice decisions/cases, but not representation cases (not directly at least).
PROCESS & PROCEDURE - Case Management
How are claims/cases processed at this appellate office?: 
Other
Please briefly describe your case management practice(s) at this office: 
Cases are processed based on the priority assigned to the cases by the Board members.
Does the agency permit web-based electronic filing of briefs or other documents in cases adjudicated by this appellate office?: 
Yes
Are final decisions issued by this appellate office published and/or posted on the agency website?: 
Yes (All Decisions)
Do agency regulations/rules of practice specify the contents of the administrative record on appeals heard by this office?: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
29 C.F.R. sections 102.45, 102.68
Do agency regulations/rules of practice provide for closure of the record on appeals heard by this office?: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
29 C.F.R. Part 102 Subpart S
ADJUDICATORS
Total # of Appeal Officers: 
5
ADR: General Information
Is ADR available at one or more points for appellate cases heard by this office?: 
Yes
If "Yes," when is ADR available?: 
Pre-Hearing
Post-Hearing
Is ADR a mandatory or voluntary process?: 
Voluntary
What type(s) of ADR are available?: 
Mediation
Settlement Conference
Who conducts the ADR?: 
Third-Party Neutral
Agency Program Official
Non-Presiding Adjudicator
Regulations/rules of practice governing ADR process (please include CFR citations): 
29 C.F.R section 102.35(b)
CASELOAD STATISTICS - Summary Statistics
Total # Cases Filed/Opened (FY2013): 
477
Total # Cases Decided/Closed (FY2013): 
213
Total # Cases Pending (End of FY2013): 
264
CASELOAD STATISTICS - Supplementary Statistics
Does your agency maintain annual caseload statistics for this hearing office by case type (e.g., discrimination complaint, licen: 
Yes
WRAP-UP
Do you have any additional comments about your agency's responses on this form? If so, please provide comments below.: 
Part V, question 1 asked for the total number of cases filed/opened in FY2013. The answer includes cases that were filed in earlier years and still pending at the end of FY2012.
Verified by Agency: 
Verified
Related Documents: 
PDF icon NLRBULPC0001 Supplemental Caseload Statistics