National Labor Relations Board
The NLRB enforces US labor law under the National Labor Relations Act (1935), overseeing union elections and investigating unfair labor practices. Despite formal independence, it's fundamentally a political agency where 5-member board composition swings dramatically with administrations.
A 2-3 partisan majority can reverse predecessor decisions, creating oscillating legal standards. This creates a peculiar incentive: employers and unions time strategic moves around expected board composition changes rather than stable legal rules.
NLRB case backlog exceeds 10,000 cases with 200+ day average resolution time. Given union campaigns last 6-12 months, administrative delays effectively function as employer leverage—a case that takes 6+ months to resolve is often 'won' by employers through delay. The backlog IS the policy.
Key Facts
Power Dynamics
5-member board investigates claims and sets labor law precedent
Partisan deadlock when split 2-2; General Counsel independently prosecutes; Regional Directors make binding initial decisions rarely appealed; board composition swings every 2-8 years
- Senate confirmation required
- General Counsel independence
- Court review (5th Circuit often reverses)
- Trump judges blocking decisions
- Alternates partisan control each administration
- AFL-CIO alliance with Democratic appointees
- Business groups with Republican appointees
Revenue Structure
National Labor Relations Board Revenue Sources
- Congressional appropriations 100%
$380-420M annually; cut 10-15% in Republican budgets
No user-fee revenue. When board 'out of favor,' budget cuts reduce capacity. Backlog grows. Employers benefit (delay as victory)
Unlike SEC/FTC with partial fee revenue, NLRB has zero feedback mechanism to grow capacity when demand rises
Decision Dynamics at National Labor Relations Board
Amazon ALU election: 29 days file-to-vote when expedited
ULP cases routinely 2-3+ years; Samsung case took 7+ years to resolution
Board composition changes halt momentum. Prior decisions relitigated when control shifts
Failure Modes of National Labor Relations Board
- Taft-Hartley 1947: stripped protections, enabled right-to-work
- Conservative majorities 2001-2009, 2017-2021: decision rollbacks
- Bargaining orders rejected ~60% by 5th Circuit
- No injunctive power during organizing
- 10,000+ case backlog = 6+ month delays
- NLRA covers only 57% of private sector
- Right-to-work evasion
GOP control = board shift to 3-2, GC fired, 2022-2023 decisions relitigated, budget cut 15-20%, backlog hits 12,000, organizing campaigns fail from delays alone
Biological Parallel
Classic predator-prey dynamics with critical lag. When unions succeed (organizing wave 2021-2023), opposition builds, election creates board shift to 'predator' mode (employer-favorable). But 2-3 year pipeline delay means cases filed in 2022 won't be decided until 2024-2025 under unfavorable board. Multiple oscillators out of phase (board 4-8 years, GC 5 years, ALJ population inherited) creates chaotic swings.
Key Agencies
60-70 ALJs conducting unfair labor practice trials
27 regional offices investigating elections and ULPs
Prosecutes cases; broad discretion independent from board