Acting General Counsel Solomon releases Summary of Operations report for FY 2011
Lafe Solomon, the NLRB’s Acting General Counsel, has released a Summary of Operations for Fiscal Year 2011. The Board saw an overall decrease in its case intake in FY 2011; 24,990 cases, down from 26,580 cases handled in 2010. The Office also achieved a settlement in 93 percent of its unfair labor practice cases.
Case intake. The Office reports that it saw 22,177 unfair labor practice complaints in 2011, a 5.1 percent decrease from 2010. It handled 2,813 representation cases, constituting a 12.2 percent drop from the previous year.
Elections. According to the Summary, Regional Offices conducted 1,423 representation elections in FY 2011, down from 1,790 in FY 2010. Eighty-nine percent of the elections in 2011 were conducted pursuant to an agreement by the parties, as compared to 92.1 percent the previous year. The Office was able to conduct initial elections within 56 days of the filing of a petition in 91.7 percent of the elections, down from the 95.1 percent rate in FY 2010, but ahead of the Office’s goal of 90 percent. In addition, the Office was able to conduct initial elections in union representation elections in a median of 38 days from the filing of the petition. That was the same rate as in 2010, and was far better than the Office’s target goal of 42 days.
Unfair labor practice cases. Regional Offices achieved 6,246 settlements, for a 93 percent settlement rate of the meritorious unfair labor practice cases brought to it. The Regional Offices issued 1,342 complaints, up from the 1,243 complaints issued in 2010, and, on average, 83 days elapsed between the issuance of a complaint and the beginning of a hearing. Of those complaints, the Regional Offices won 87 percent of Board and Administrative Law Judge unfair labor practice and compliance decisions in whole or in part in FY 2011. Regional Offices recovered $60,514,922 on behalf of employees as back pay or reimbursement of fees, dues, and fines, with 1,644 employees offered reinstatement.
In addition, Regional Offices referred 45 cases for court enforcement, and received 130 enforcement and review cases, while disposing of 153.
Goals. According to the Summary, the Board surpassed two of its three ambitious overarching goals for FY 2011, and came close to achieving the third. It closed 84.7 percent of all representation cases within 100 days (target 85 percent), 72.5 percent of all unfair labor practice cases within 120 days (target 71.2 percent), and 83.2 percent of all meritorious unfair labor practice cases within 365 days (target 80.2 percent). The target for each 2011 overarching goal was higher than in FY 2010, and has been increased for FY 2012.
Source: CCH Editorial Staff.