In order to preserve the vital role the National Labor Relations Act of 1935 (NLRA or Act) and its administrative agency, the National Labor Relations Board (NLRB or Board), plays in effectuating the right of workers to form unions of their own and insist on collective bargaining with employers, we have proposed that Congress amend the NLRB to reconstitute the NLRB as a purely adjudicatory body (the Labor Court or court) that would be shorn of executive functions that the NLRB has historically delegated to the agency’s General Counsel (GC), now a presidentially removable position. The GC would have the sole authority to issue complaints, prosecute the complaint before an ALJ (appointed and removable for cause by the court), supervise the Regional Directors and all representation proceedings, and seek preliminary injunctive relief in federal district (after a one- or two-day hearing before an ALJ). Appeals in complaint or representation cases would be heard by the Labor Court. Review of the latter’s decisions would be had in the courts of appeals. Under our proposal, if the court does not issue a ruling within a year, the charging party or respondent could file suit in federal court.
The Labor Court would be comprised of six members appointed by the President with the Senate’s consent: two Democrats, two Republicans, and two Independents (who have not represented or advocated in court filings for labor or management interests and have a reputation for neutrality). They...
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