§153 National Labor Relations Board

Summary

Keeps the National Labor Relations Board as a U.S. agency and makes it five members instead of three. The President appoints members with the Senate’s approval. Of the two extra members, one gets a five-year term and one gets a two-year term. After that, new members get five-year terms, and anyone picked to fill a vacancy serves only the rest of that term. The President picks one member to be Chairman. The President can remove a member only for neglect of duty or malfeasance, and only after giving notice and a hearing. The Board can give its powers to any group of three or more members and can give certain duties to regional directors to decide bargaining units, investigate, hold hearings, decide representation questions, run or order elections or secret ballots, and certify results. Anyone affected can ask the Board to review a regional director’s action, but that review does not stop the director’s action unless the Board orders it. A vacancy does not stop the remaining members from acting. Three members make a quorum for the Board, and two members make a quorum for any delegated group. The Board must have an official seal courts will accept. At the end of each fiscal year the Board must send a written report to Congress and the President about major case activity and operations. There must be a General Counsel appointed by the President with Senate approval for a four-year term. The General Counsel supervises most Board lawyers and regional staff, has final authority to investigate charges and issue and prosecute complaints under section 160, and may have other duties set by the Board or law. If the office is vacant, the President may name an acting General Counsel, but that person may not serve more than 40 days while Congress is in session unless a nomination has been sent to the Senate, and may not serve after the adjournment sine die of the Senate session in which a nomination was submitted.