Public Control of Labor Relations: A Study of the National Labor Relations Board

By D. O. Bowman | Go to book overview

Chapter XVI. THE DISPOSITION OF CASES

Whenever a charge is filed alleging an unfair labor practice or a petition is brought to certify a representative, the Board designates either action as a "case." All cases are either pending, which means that they are in some stage moving toward disposal, or are disposed of. Disposition falls into two broad categories: (1) disposition before formal action; (2) disposition after formal action. Where formal action is instituted in a case, disposition comes only after the case is transferred to the Board unless the regional office disposes of the case after formal action has been taken but before the case is transferred to the Board. Since most cases are disposed of by informal action, only a small percentage reach the stage where disposition must be made after formal action has been taken by the Board.1 The disposition, a recapitulation of the material on procedure, may be outlined:


A. Disposition Before Formal Action

1. Dismissals

In complaint cases where the regional director finds no basis for a complaint, he dismisses the case. If the filing party petitions the Board and the regional director is upheld, then the case is dismissed by the Board. In representation cases, if the investigation shows that no question of representation exists, the regional director requests a dismissal order from the Board.


2. Withdrawals

In complaint cases, the filing party withdraws the charge, and usually does so after the regional director has made an investiga

____________________
1
Smith Hearings, Vol. II, No. 10, p. 856.

-315-

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