NLRBREPR0002

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 hearing normally held before a hearing officer, assuming a hearing is appropriate—decides the petition. (Questions raised by a petition commonly include whether an election in an appropriate bargaining unit should be held and, if an election was held, whether it was conducted consistent with the Act.) The regional director's decision is generally reviewable by the Board. The Board's decision is not subject to judicial review (not directly at least).