Other Fields
Agency Scheme: 
NLRBREPR0002
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Regional Offices
Name of Hearing Office (global name): 
National Labor Relations Board: Regional Offices
Sub-Agency/Bureau/Division:: 
Office of the General Counsel
Hearing Officer #1 (Title): 
Field Attorney
Hearing Officer #2 (Title): 
Field Examiner
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
Yes (All Types of Cases)
Comments/Notes on Adjudication Structure: 

Section 9 of the National Labor Relations Act, 29 U.S.C. § 159, establishes an adjudicative scheme for resolving questions concerning union representation raised by an employer, employee, or labor organization. (These cases are commonly referred to as "R" cases, to distinguish them from "C" cases involving unfair labor practice charges.) Such questions are presented by the filing of a petition with one of the Board’s regional directors by an employee, labor organization, or employer. The regional director—following a pre-election hearing normally held before a hearing officer, assuming a hearing is appropriate—decides issues related to the petition. (Questions raised by a petition commonly include whether an appropriate bargaining unit has been petitioned for and whether the election in an appropriate bargaining unit should be held). After an election, if appropriate objections or challenges are timely filed, a Regional hearing officer will, following a post-election hearing, issue a report. (Typical issues are whether the election was conducted free of voter interference or coercion.) The decision/report is reviewable by the Board.

PROCESS & PROCEDURE - General Information
Are private parties permitted to have representation at 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)?: 
95.00%
Is the agency permitted to have representation at hearings?: 
Yes (Some Types of Cases)
Who may serve as an agency representative?: 
Attorney
Regulations/rules of practice for hearings (please include CFR citations): 
29 C.F.R. Part C; see also parts B, D, E, & F
Other published guidance for hearings (if any): 
NLRB Casehandling Manual, Part II, Representation Proceedings
PROCESS & PROCEDURE - Pre-Hearing Procedure
Is discovery permitted by either party at the hearing-level stage?: 
Yes (All Types of Cases)
Briefly describe the scope and type(s) of discovery available (e.g., depositions, interrogatories, etc.): 
Parties may request and obtain subpoeanas for production of documents and witnesses at hearing.
Does the hearing officer have subpoena authority?: 
Yes (All Types of Cases)
Are ex parte contacts prohibited?: 
Yes (Some Types of Cases)
Are parties provided notice of hearing?: 
Yes (All Types of Cases)
How far in advance of the hearing date is notice typically provided?: 
7 Days
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted at the hearing-level stage?: 
In-Person
Please provide the approximate percentage of each type of hearing relative to the total number of hearings (FY2013)
Written (Document-Only) Hearing: 
0%
In-Person: 
100%
Video: 
0%
Phone: 
0%
How is the type of hearing selected: 
Required by Rule
How many hearing officers preside at each hearing?: 
One
Is witness testimony permitted at hearings?: 
Yes
If "Varies by Case," please describe: 
Video testimony is permitted in certain circumstances
Can parties cross-examine witnesses?: 
Yes
Can third-parties submit amicus briefs and/or evidence?: 
Adjudication Officer Discretion
Are hearings recorded and/or transcribed?: 
Yes
Are hearings open to the public?: 
Yes (Hearings Always Open/All Types of Cases)
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts the decision at the hearing-level stage?: 
Adjudication Officer
Staff Attorney
If "Other," please specify (drafts): 
Hearing Officers draft decisions in certain post-election hearing matters. Staff attorneys draft decisions to be issued by Regional Directors all pre-election and some post-election matters.
Who has authority to issue final decisions?: 
Adjudication Officer
Other
If "Other," please specify: 
Hearing Officers issue decisions in certain post-election hearing matters. Regional Directors issue decisions in all pre-election and some post-election matters.
Do agency regulations or guidance provide time limits for issuance of final decisions?: 
Yes (Some Types of Cases)
If "Yes," please specify these time limit(s): 
Agency's performance goals for issuance of a decision in a post-election report is less than 100 days after filing of challenges or objection to the election. Agency performance goals for issuance of a decision in a pre-election matter is 42 days
About how long does it take on average—as of FY2013—to adjudicate claims/cases at the hearinglevel stage (i.e., from case filing: 
32 Days
Is judicial review available after issuance of a final decision?: 
Yes (All Types of Cases)
PROCESS & PROCEDURE - Case Management
How are claims/cases processed at the hearing-level stage?: 
Differentiated Case Management
Please briefly describe your case management practice(s) at the hearing level stage: 
R-cases are priority cases and, as such, are handled expeditiously and within some discretionary time lines depending upon Regional practices. The Agency continues to meet its goals of conducting elections in a median of 42 days of filing of the petition and of conducting 90% of all elections within 56 days. In FY 14, Regions issued all pre-election decisions within a median of 39 days from the date of filing of the petition. In FY 14, the Board considered requests for review of those decisions and issued orders within a median of 19 days from assignment. In FY 14, elections were held in a median of 38 days from the petition filing and 95.7% of elections were conducted within 56 days of the date of petition filing. Post election matters are handled in one of two ways: through an administrative investigation or a hearing where parties litigate the issues. In FY 14, the Agency administratively processed cases in 27 days from the close of the election and, when hearings were necessary, in 68 days.
Does the agency permit web-based electronic filing of hearing-related briefs or other documents?: 
Yes
Are final decisions published and/or posted on the agency website?: 
Yes (Some Decisions)
If "Yes (Some Decisions)," how does the agency determine which final decisions to publish/post? Please briefly describe: 
Most R-case decisions are posted, except some that are pro forma.
Do agency regulations/rules of practice specify the contents of the administrative record at the hearing-level stage?: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
29 C.F.R. Section 102.68
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
29 C.F.R Section 102.64 - 102.66
PROCESS & PROCEDURE - Comments
Comments/Notes on Hearing-Level Process & Procedures (Optional): 
The median days for issuance of a decision in pre-election matters in FY 2013 was 32 days from filing of the petition. The median days for issuance of a post-election decision in FY 2013 was 69 days from filing of the petition.
ADJUDICATORS
Total # of Hearing Officers: 
770
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
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?: 
Settlement Conference
Who conducts the ADR?: 
Other
If "Other," please specify:: 
Regional Director or his/her designee.
Other published guidance on ADR process (if any):: 
NLRB Casehandling Manual, Part II, Representation Proceedings, Section 11012; 11180.
ADR – Summary Statistics
Comments/Notes on ADR Statistics (Optional): 
There is no formal initiation of an ADR process. Instead, for the number of “ADR Matters Initiated,” we have listed the number of “merit cases” for FY 2013, which includes all R-cases that went to a hearing or resulted in a stipulated election agreement. Virtually all such cases would have had some kind of settlement discussions. The number of “ADR Matters Resolved” is the number of stipulated election agreements. For the number of “ADR Matters Pending” at the end of FY 2013, we list the total number of R-cases pending, which includes not only merit cases but also those that might end up being dismissed or withdrawn. In FY 2013, 73% of R-cases concluded were merit cases.
CASELOAD STATISTICS - Summary Statistics
Total # Cases Filed/Opened (FY2013): 
2 652
Total # Cases Decided/Closed (FY2013): 
2 579
Total # Cases Pending (End of FY2013): 
729
CASELOAD STATISTICS - Supplementary Statistics
Does your agency maintain annual caseload statistics for this hearing office by case type (e.g., discrimination complaint, licen: 
No
WRAP-UP
Do you have any additional comments about your agency's responses on this form? If so, please provide comments below.: 
None.
Are there distinctive or innovative features of the hearing-level adjudication program covered on this form that you wish to hig: 
None.
Setting aside budgetary or legislative constraints (if any), does your agency have a "wish list" of processes or procedures (e.g: 
None.
Do you have any suggestions or comments about this federal administrative adjudication study?: 
None.
Verified by Agency: 
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