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The NLRB gets its authority from the power of Congress to regulate interstate commerce under the Commerce Clause of the United States Constitution.
National Labor Relations Board (NLRB) Powers OverviewThe National Labor Relations Board (NLRB) has the power to investigate unfair labor practice charges and order employers to follow “make-whole” remedies, such as reinstatement and/or back pay for workers who were wrongfully discharged.
NLRB Rulemaking PowersThe NLRB has the authority to engage in administrative “rulemaking.” In its 75-year history, the Board has made little use of its rulemaking authority; instead, formulating law and policy primarily through adjudication. More »
Power to Investigate, Issue Subpoenas and Obtain Court OrdersTo pursue an unfair labor practice complaint, the charging party must file and serve its charge within six months after the unfair labor practice occurs. More »
NLRA Power: Remedies, Not PenaltiesThe National Labor Relations Act (NLRA) is not a criminal statute. It is intended to prevent and remedy unfair labor practices, not to punish the person responsible for them. More »
Special ProceedingsCertain types of cases require special proceedings, which include the determination of jurisdictional disputes and injunction proceedings.
Injunction ProceedingsIf the preliminary investigation of any of the priority cases shows reasonable cause to believe that the charge is true and that a complaint should issue, Section 10(l) requires ... More »
Court Review of Board OrdersIf an employer or a union fails to comply with a board order, Section 10(e) empowers the board to petition the Court of Appeals for a court decree enforcing the order and enjoining conduct that the board finds to be unlawful.
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