Other Fields
Agency Scheme: 
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Division of Judges
Name of Hearing Office (global name): 
National Labor Relations Board: Division of Judges
Hearing Officer #1 (Title): 
Administrative Law Judge
Hearing Officer #2 (Title): 
Not applicable
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
Yes (All Types of Cases)
Comments/Notes on Adjudication Structure: 

Section 10 of the National Labor Relations Act, 29 U.S.C. § 151 et seq., establishes an adjudicative scheme for the “prevention” of unfair labor practices by employers and unions—that is, conduct proscribed by § 8 of the Act, 29 U.S.C. § 158, such as discrimination based on union or protected activity or failing to bargain in good faith.

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?: 
About what percentage of private parties were represented at hearings (FY2013)?: 
Is the agency permitted to have representation at hearings?: 
Yes (All Types of Cases)
Who may serve as an agency representative?: 
Regulations/rules of practice for hearings (please include CFR citations): 
29 C.F.R. Part 102, Subpart B (see also Subparts C, D, E, & F)
Other published guidance for hearings (if any): 
NLRB Benchbook; NLRB Casehandling Manual, Part 1, Unfair Labor Practice Proceedings (not binding on Board or ALJs). Board case law. Federal Rules of Evidence (where practicable) and of Civil Procedure (as guidance).
PROCESS & PROCEDURE - Pre-Hearing Procedure
Is discovery permitted by either party at the hearing-level stage?: 
Briefly describe the scope and type(s) of discovery available (e.g., depositions, interrogatories, etc.): 
Parties may issue subpoenas, which are returnable on the first day of the hearing. Judges rule on any motions or petitions to revoke subpoenas. Prior to issuance of complaints, the General Counsel, through the regional offices, may issue investigatory subpoenas, which are not handled by administrative law judges. In all subpoena matters, if there is non-compliance, the subpoena must be enforced by a Federal Court.
Does the hearing officer have subpoena authority?: 
Yes (All Types of Cases)
Are ex parte contacts prohibited?: 
Yes (All 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?: 
90 Days
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted at the hearing-level stage?: 
Please provide the approximate percentage of each type of hearing relative to the total number of hearings (FY2013)
Written (Document-Only) Hearing: 
How is the type of hearing selected: 
Required by Rule
How many hearing officers preside at each hearing?: 
Is witness testimony permitted at hearings?: 
Can parties cross-examine witnesses?: 
Can third-parties submit amicus briefs and/or evidence?: 
Are hearings recorded and/or transcribed?: 
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
Who has authority to issue final decisions?: 
Adjudication Officer
Do agency regulations or guidance provide time limits for issuance of final decisions?: 
About how long does it take on average—as of FY2013—to adjudicate claims/cases at the hearinglevel stage (i.e., from case filing: 
180 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?: 
Please briefly describe your case management practice(s) at the hearing level stage: 
The regional office requests an initial trial date for a particular case, before filing the complaint, from the Division of Judges, which grants or denies the date, based on judge availability and backlogs. This date may change as the case moves forward. The cases involve three parties: The General Counsel of the NLRB, the Charging Party and the Respondent. The cases are assigned to a judge some 3 or 4 weeks prior to the trial date. The judge typically holds one or more pre-trial conferences by telephone, at which the judge attempts to resolve subpoena and other pre-trial matters and attempts to help the parties reach settlement of the case. In certain circumstances, the judge may accept a settlement over the objection of the General Counsel or the Charging Party. If the case is not settled or postponed, the trial judge hears the case. The average case that goes to trial lasts about 3 days.
Does the agency permit web-based electronic filing of hearing-related briefs or other documents?: 
Are final decisions published and/or posted on the agency website?: 
Yes (All Decisions)
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 102.45 (content of record on appeal)
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 102.45 and 102.46.
Comments/Notes on Hearing-Level Process & Procedures (Optional): 
To elaborate on no. 2, above, the initial trial date is set in the complaint and is generally 90-120 days after the filing of the complaint. The trial date is subject to numerous postponements for various reasons and is mainly in the control of the regions, although motions to postpone within 28 days of hearing must be filed with Division of Judges. See 29 C.F.R. section 102.35(a). It is possible that a postponement of a trial date will result in the assignment of a different judge. To elaborate on no. 3, above, typical third parties in all of our cases are charging parties (unions, employers or individuals) who have filed the charges with the regional offices that, after investigation, resulted in the issuance of the complaint. These charging parties are entitled to all rights of parties, except they may not amend or change the theory of the complaint. To elaborate on no. 4, above, 180 days is an estimate. Division of Judges does not keep statistics on time from issuance of complaint to issuance of decision, in part because we do not have control over much of the time in that interval. Perhaps Division of Operations does. We do keep statistics on elapsed time from close of hearing and receipt of briefs or submissions to issuance of decision. In FY 2013, half of our decisions issued within 84 days from close of hearing and 38 days from receipt of briefs and submissions. Although judges, in their discretion, may issue bench decisions or dispense with the filing of briefs (See 29 C.F.R. section 102.42 and 102.45), in all but a handful of relatively straight forward cases briefs are permitted.
Total # of Hearing Officers: 
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
If "Yes," when is ADR available?: 
Is ADR a mandatory or voluntary process?: 
If "Varies by Case," please describe:: 
A settlement judge may be appointed at any stage under 29 C.F.R. section 102.35(b), if all parties agree. However, most of our settlements are achieved by the trial judge.
What type(s) of ADR are available?: 
Settlement Conference
Who conducts the ADR?: 
Non-Presiding Adjudicator
Regulations/rules of practice governing ADR process (please include CFR citations): 
29 C.F.R. section 102.35(b).
ADR – Summary Statistics
Comments/Notes on ADR Statistics (Optional): 
In FY 2013, NLRB trial judges settled 455 cases. Fourteen cases were settled by settlement judges. The Division of Judges does not keep records of precisely how many cases are assigned to settlement judges, but historically approximately 2/3 of cases assigned to settlement judges result in a settlement.
CASELOAD STATISTICS - Summary Statistics
Total # Cases Filed/Opened (FY2013): 
1 292
Total # Cases Decided/Closed (FY2013): 
Total # Cases Pending (End of FY2013): 
CASELOAD STATISTICS - Supplementary Statistics
Does your agency maintain annual caseload statistics for this hearing office by case type (e.g., discrimination complaint, licen: 
Do you have any additional comments about your agency's responses on this form? If so, please provide comments below.: 
To provide further context for the caseload statistics on page 13, in FY 2013, the Judges Division docketed 1292 cases (the number of cases in which the regional offices asked for a trial date and the Division of Judges provided a trial date). Many of these cases were withdrawn or settled by regional offices before our judges were assigned to them and became involved in them. As indicated above, judges are not assigned to cases until about 3 or 4 weeks before the trial date. Of the remaining cases on our docket, in FY 2013, our judges issued 238 decisions and settled 469 cases. There were 71 cases in our decisional backlog at the end of that fiscal year and 281 cases in our trial backlog. At the end of FY 2013, we employed 36 administrative law judges, including 5 judges who served as chief judge, deputy chief judge and associate chief judge and thus had additional administrative responsibilities in addition to hearing and deciding cases.
Setting aside budgetary or legislative constraints (if any), does your agency have a "wish list" of processes or procedures (e.g: 
We do not utilize video for complete and entire hearings, but we do utilize video testimony for a particular witness where the judge determines that it is appropriate. As indicated, our settlement judge program at the trial level ( our version of ADR) requires the agreement of all the parties. Most of our settlements are effectuated through our trial judges. However, even before judges get involved in a case, the NLRB regional offices settle many cases that have been docketed with the Judges Division but have not yet been assigned to a judge.
Verified by Agency: