How to Take a Case Before the NLRB, Ninth Edition


For attorneys representing employers and attorneys representing unions alike, this treatise offers a complete roadmap to changing NLRB procedures. It covers procedures for obtaining injunctive relief, guidelines for mail-in ballots, prioritization of and time targets for unfair labor practice cases, procedures to expedite representation cases, rules on attorney misconduct, and rules on bench decisions and settlements in unfair labor practice cases.


A comprehensive reference to successful practice before the Board.

Now in its Ninth Edition and trusted for over 50 years, How to Take a Case Before the NLRB is the go-to reference for expert guidance on the Board’s complex procedures. The treatise is the most comprehensive analysis of NLRB procedures available, indispensable for attorneys representing employers and unions alike. Authored by experienced practitioners from the American Bar Association’s Section of Labor and Employment Law, How to Take a Case Before the NLRB provides coverage of procedures for obtaining injunctive relief, guidelines for mail-in ballots, prioritization of unfair labor practice cases and the time targets for their processing, procedures to expedite representation cases, rules on attorney misconduct, and rules on bench decisions and settlements in unfair labor practice cases.

Highlights covered in the Ninth Edition include:

  • New Representation Case Rules, including changes to petitions, representation hearings, timing of elections, and other vitally important procedures 
  • Impact of judicial decisions concerning recess appointments to the Board, the Board’s rule-making authority, and the quorum required for Board decisions 
  • Significant changes in filing requirements and procedures due to electronic filing and updated information of the Board’s website and app
  • New procedures for using Electronic Signatures in Organizing 
  • Updated procedures for deferral of charges to arbitration 
  • Latest developments in the scope of bargaining units
  • Revised standards for determining joint employer status

The Ninth Edition brings the user up to speed on new and proposed NLRB Rules, decisions, procedural requirements, and initiatives. The treatise walks practitioners through the structure, jurisdiction, and changing role of the Board; discusses revisions to the ULP Case Manual; analyzes changes to the Board’s Rules and Regulations over time; and provides instructions for representation hearings and unfair labor practice proceedings. It also provides extensive cross-references to the Board’s regulations and Casehandling Manual, plus sample forms, correspondence, charts outlining Board procedures, and more. 


Part I - Overview

  • What the Law Provides
  • The Machinery of the National Labor Relations Board
  • Jurisdiction of the Board

Part II - Representation Proceedings

  • Designation of a Bargaining Agent Without an Election
  • The Petition for an Election
  • Prehearing Handling of the Election Petition
  • The Representation Hearing
  • Post-Hearing Procedures, Withdrawals, and Disclaimers
  • The Election
  • Post-Election Procedures
  • Decertification and Union-Security Deauthorization Procedures

Part III - Unfair Labor Practice

  • The Unfair Labor Practice Charge and Investigation
  • Deferral of Charges to Arbitration
  • Settlement of Unfair Labor Practice Charges
  • Unfair Labor Practice Prehearing Procedures
  • The Unfair Labor Practice Hearing
  • Unfair Labor Practice Post-Hearing Procedures
  • Compliance Proceedings

Part IV - Supplemental Proceedings

  • Jurisdictional Dispute Proceedings
  • Picketing for Recognition or Organization
  • Ancillary Judicial Proceedings - Injunctions and Subpoena Enforcement
  • Dispute Settlement Procedures
  • Proceedings for Reimbursement of Attorneys' Fees and Litigation Expenses

Part V - Records and Filing Requirements

  • Records and Information
  • Filing and Service of Papers
  • Ethics and Misconduct

Appendices/Table of Cases/Index


John E. Higgins, Jr., retired from the NLRB, is an adjunct faculty member at the Columbus School of Law, The Catholic University of America, Washington, DC.

Brent Garren is Deputy General Counsel at SEIU 32BJ, New York, NY

David A. Kadela is a partner at Littler Mendelson P.C., Columbus, OH.


Main Volume Information

2016/1,400 pp. Hardcover/ISBN 978-1-61746-302-0/Order #2302


“The definitive handbook to procedures before the National Labor Relations Board, this volume is a step-by-step guide through the NLRB’s regulations and Casehandling Manual, including representation proceedings, unfair labor practice proceedings, supplemental proceedings, and records and filing requirements.”

Kendall F. Svengalis

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