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October 19, 2007
NLRB Case Productivity
The NLRB has just released its productivity numbers for Fiscal Year 2007. According to the brief press release:
The National Labor Relations Board issued 391 decisions during fiscal year
2007, which ended September 30. Of this total, 287 were unfair labor practice (C)
cases, and 104 were representation (R) cases. In the previous fiscal year, the Board
issued 477 decisions (324 C, 153 R).The Board also reduced the inventory of pending cases for the fifth year in a row
(from 305 at the beginning of the fiscal year to 207 at the end). In FY 2007 the Board
adopted a new case processing initiative that focused on resolving the oldest and most
difficult pending cases. The Board’s goal was to dispose of 90% of R cases pending as of October 1, 2006, and to dispose of 90% of C cases pending as of May 1, 2006.The Board exceeded its case production goal for R cases and it came close to
meeting its case production goal for C cases. As of September 30, 2007, the Board
disposed of 58 of 59 targeted R cases (98.3%), and it disposed of 181 of 215 targeted
C cases (84.2%).
As Chairman Battista noted in an accompanying remark, the overall number of C&R cases declined. I haven't seen the data yet, so I don't know if the drop in cases was the result of fewer charges being filed or the Board's processing of the cases. Either way, although several of the cases included in FY 2007 were actually released a week or so later, the Board's emphasis on reducing its backlog is a good thing. Indeed, given the number of controversial 3-2 decisions--which take a disproportionate amount of time--the Board deserves congratulations. Hopefully this emphasis on the need to reduce delay will continue.
Hat Tip: Rick Bales
-JH
October 19, 2007 in Labor and Employment News | Permalink
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Comments
The key to understanding NLRB case processing data is to keep your eye on R cases. A majority of C cases arise from ulp conduct transpiring during the pendency of an R case. There has been an ongoing drop off in the filing of R cases during the last five years, for reasons I think we all understand. The decline in R case filings is understood by the regions to lead to a significant drop in C case filings. What is sometimes not fully appreciated is that lower levels of R case filing leads to less "real time" case activity both at the Board (in its Representation Appeals Division) and at the regional level because R cases have the highest case processing priority (with the possible exception of allegations of unlawful picketing). I am wondering out loud whether the Board's reduction in backlog (to the extent it is a reality) results in significant part from freed up resources deriving from the increasing lack of interest in its representational processes.
Posted by: Michael Duff | Oct 19, 2007 2:08:18 PM
