Labor Board Shakeup Could Centralize Control Over Cases

Sources say National Labor Relations Board (NLRB) General Counsel Peter Robb plans to roll out a major reorganization of the board's field office operations, reports Bloomberg Law . In a Jan. 11 conference call with regional directors, Robb said he is considering restructuring the NLRB's regional offices into a smaller number of districts or regions overseen by officials who would report directly to him. The sources note they are concerned that Robb wants to restrict regional directors' authority and demote at least some regional office officials. Regional directors are currently authorized to issue complaints and dismissals of unfair labor practice cases, and they make decisions in union representation cases. A reorganization could entail local office decisions in NLRB cases requiring final approval from agency officials located hundreds of miles away from employers, unions, and employees involved in labor disputes. This could complicate interactions between NLRB stakeholders and labor lawyers and regional directors. The National Labor Relations Act and labor board regulations accord the general counsel broad authority over regional office operations, but board approval may be required for office reorganizations and personnel actions. NLRB memoranda outlining delegations of authority from the agency's board to the general counsel have long required board approval for an appointment, transfer, demotion, or discharge of a regional director to become effective, while federal personnel law and regulations also could impact the board's ability to reduce the rank of regional directors.