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Labor-Management Relations
Program Accomplishments
In fiscal year 2005, the actual case intake was 29,879 and, for fiscal year 2006, the estimated intake is 31,000.
Uses and Use Restrictions
(1) Determines and implements, through secret-ballot elections, the free democratic choice by employees as to whether they wish to be represented by a union in dealing with their employer and, if so, by which union; and (2) prevents and remedies unlawful acts, called unfair labor practices, by either employers or unions or both.
NLRB may seek injunctive relief where a labor dispute results in violence, disruption of employment, or disruption of business relations, potentially in violation of the Labor Management Relations Act.
The NLRB does not initiate actions or investigations on its own volition.
NLRB processes start only when a covered individual, organization, or employer files an unfair labor practice charge or a petition for an election.
Eligibility Requirements
Applicant Eligibility
Any covered employer, employee, labor organization, or other person who believes a violation of the Labor Management Relations Act has occurred, or who desires the Board to determine whether a labor organization is to be the choice of employees for purposes of representation, may receive information or assistance.
The Act limits the term "employee" to exclude: agricultural laborers; domestic workers; individuals employed by spouse or parent; independent contractors; supervisors (as defined by the Act) and individuals employed by an employer subject to the Railway Labor Act or employed by any person who is not an employer as defined by the Act.
The United States Government, State governments, political subdivisions of U.S.
and State governments, government corporations (except the U.S.
Postal Service), Federal Reserve Banks and employers subject to the Railway Labor Act are ineligible employers.
Beneficiary Eligibility
The covered employer, employee, or the labor organization will benefit.
Credentials/Documentation
None.
Aplication and Award Process
Preapplication Coordination
This program is excluded from coverage under E.O.
12372.
Application Procedures
Charges of unfair labor practices and petitions for determination of representatives are the two principal forms for the purpose of initiating agency action. Such charges and petitions shall be in writing and signed, and shall be sworn to and filed with the Regional Director for the region in which the unfair labor practice allegedly has occurred or in which the proposed or actual bargaining unit exists.
Award Procedures
Not applicable.
Deadlines
A party alleging a violation of the Labor Management Relations Act must file its charge within 6 months after incident has occurred. If the filing of a charge was prevented by service with the Armed Forces, the 6-month limitation is computed from the day of discharge. Deadlines for filing representation petitions vary with the type of petition filed and the representation status of employees sought to be represented. Those wishing to file representation petitions with the agency should contact the appropriate regional office of the National Labor Relations Board listed in Appendix IV of the Catalog.
Authorization
Labor-Management Relations Act of 1947, as amended, Public Law 86-257, 29 U.S.C. 141 et seq.; Public Law 91-375, 39 U.S.C. 1201-1209; Public Law 93-95, 29 U.S.C. 186; Public Law 93-360, 29 U.S.C. 152, 158, 168, 169, 171, 183; Public Law 96-245, 29 U.S.C. 161 (4); Public Law 96-593; Public Law 97-375, 29 U.S.C. 153(c).
Range of Approval/Disapproval Time
Not applicable.
Appeals
Charges: If the Regional Director refuses to issue an unfair labor practice complaint, an appeal may be filed with the General Counsel in Washington, DC, within 10 days. Petitions: If the Regional Director dismisses the representation petition, an appeal may be filed with the Board in Washington, DC, within 10 days.
Renewals
None.
Assistance Considerations
Formula and Matching Requirements
Not applicable.
Length and Time Phasing of Assistance
Not applicable.
Post Assistance Requirements
Reports
Not applicable.
Audits
Not applicable.
Records
Not applicable.
Financial Information
Account Identification
63-0100-0-1-505.
Obigations
(Salaries and Expenses) FY 07 $249,888,000 (includes $.099 million in reimbursables); FY 08 est not available; and FY 09 est not reported.
Range and Average of Financial Assistance
Not applicable.
Regulations, Guidelines, and Literature
"Basic Guide to the National Labor Relations Act" (s/n 031-000-00352-1) $4.75 (available from the Superintendent of Documents, Government Printing Office, Washington, DC 20402). "Your Government Conducts an Election for You on the Job," also in Spanish, is available from NLRB Headquarters Office. These publications ae available on the NLRB Web Site.
Information Contacts
Regional or Local Office
Contact should be made directly with the appropriate regional office of the National Labor Relations Board listed in Appendix IV of the Catalog.
Headquarters Office
Division of Information, National Labor Relations Board, 1099 14th Street, NW., Washington, DC 20570. Telephone: (202) 273-1991.
Criteria for Selecting Proposals
Not applicable.
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