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.


Price: $620 Main Volume


Main Volume Information

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 new 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

As with previous editions, 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.



Summary of Contents

Part I - Overview

Chapter 1 - What the Law Provides

Chapter 2 - The Machinery of the National Labor Relations Board

Chapter 3 - Jurisdiction of the Board

Part II - Representation Proceedings

Chapter 4 - Designation of a Bargaining Agent Without an Election

Chapter 5 - The Petition for an Election

Chapter 6 - Prehearing Handling of the Election Petition

Chapter 7 - The Representation Hearing

Chapter 8 - Post-Hearing Procedures, Withdrawals, and Disclaimers

Chapter 9 - The Election

Chapter 10 - Post-Election Procedures

Chapter 11 - Decertification and Union-Security Deauthorization Procedures

Part III - Unfair Labor Practice

Chapter 12 - The Unfair Labor Practice Charge and Investigation

Chapter 13 - Deferral of Charges to Arbitration

Chapter 14 - Settlement of Unfair Labor Practice Charges

Chapter 15 - Unfair Labor Practice Prehearing Procedures

Chapter 16 - The Unfair Labor Practice Hearing

Chapter 17 - Unfair Labor Practice Post-Hearing Procedures

Chapter 18 - Compliance Proceedings

Part IV - Supplemental Proceedings

Chapter 19 - Jurisdictional Dispute Proceedings

Chapter 20 - Picketing for Recognition or Organization

Chapter 21 - Ancillary Judicial Proceedings - Injunctions and Subpoena Enforcement

Chapter 22 - Dispute Settlement Procedures

Chapter 23 - Proceedings for Reimbursement of Attorneys' Fees and Litigation Expenses

Part V - Records and Filing Requirements

Chapter 24 - Records and Information

Chapter 25 - Filing and Service of Papers

Chapter 26 - Ethics and Misconduct


Table of Cases




Bloomberg BNA authors and editors are practicing professionals with insider perspectives and real-life experience. Learn more about this book’s authors and editors.
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.