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The National Labor Relations Board (NLRB), also known as the Wagner Act, is an independent federal agency, which means that it is a regulatory agency that operates without any supervision of an executive department of the federal government. The NLRB was formed by the U.S. Congress in 1935 to protect employee’s rights.

The NLRB consists of three different parts of individuals, the NLRB board, the regional offices, and the General Council. The body of the NLRB board composes of five members that is determined by the U.S. President and is approved by the Senate to serve a five year term. During the five year term one member’s term expires each year. The General Council is also directly determined by the U.S. President and is approved by the Senate but only serves a four year term. The board has 26 regional offices across the U.S.

The NLRB serves two important purposes. One, it conducts elections for private sector employees to decide on whether he/she wishes to join a union and organize a collective bargaining unit. A collective bargaining unit consists of a group of employees who bargain through their individually chosen representative with his /her employer in regards of the terms and conditions of their employment. It also reviews and oversees decertification elections, which involves the attempt by employees to remove union representation.

Second purpose of the NLRB is to safeguard unions or employers from engaging in an unlawful act that can be related to the employer-employee relationship, which is known as the unfair labor practice. The board is solely responsibly by law to prevent unfair labor practices, it holds no independent power to enforce this law; instead, it seeks enforcement through court.

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Specifically NLRB conducts investigate charges, elections, facilitate settlement, determines cases and enforce those orders.

The role of the Board in election is to initiate election process when an election petition and associated documents have been filed. In its investigative role, the Board collects documentary evidence and summons witnesses and collects testimony in any matter. When an investigation finds unfair merit to unfair, it gives the charged individual the opportunity to settle the dispute before a complaint is filed and issued. The board urges both parties to resolve cases by settlement rather than litigation whenever possible by forming an agreement in the process, whether it has to be a Board settlement or a fair private agreement.

The Board also decides cases when complaints of Unfair Labor Practices do not lead to settlement. The cases are heard before an NLRB Administrative Law Judge for decision.

If the party or parties against whom to whom an order has been issued refuses to obey, the Board has the power to petition any court of appeal to enforce the order.