29 U.S.C. § 153

National Labor Relations Board

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(a) Creation, composition, appointment, and tenure; Chairman; removal of members

The National Labor Relations Board (hereinafter called the “Board”) created by this subchapter prior to its amendment by the Labor Management Relations Act, 1947 [29 U.S.C. 141 et seq.], is continued as an agency of the United States, except that the Board shall consist of five instead of three members, appointed by the President by and with the advice and consent of the Senate. Of the two additional members so provided for, one shall be appointed for a term of five years and the other for a term of two years. Their successors, and the successors of the other members, shall be appointed for terms of five years each, excepting that any individual chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom he shall succeed. The President shall designate one member to serve as Chairman of the Board. Any member of the Board may be removed by the President, upon notice and hearing, for neglect of duty or malfeasance in office, but for no other cause.

(b) Delegation of powers to members and regional directors; review and stay of actions of regional directors; quorum; seal

The Board is authorized to delegate to any group of three or more members any or all of the powers which it may itself exercise. The Board is also authorized to delegate to its regional directors its powers under section 159 of this title to determine the unit appropriate for the purpose of collective bargaining, to investigate and provide for hearings, and determine whether a question of representation exists, and to direct an election or take a secret ballot under subsection (c) or (e) of section 159 of this title and certify the results thereof, except that upon the filing of a request therefor with the Board by any interested person, the Board may review any action of a regional director delegated to him under this paragraph, but such a review shall not, unless specifically ordered by the Board, operate as a stay of any action taken by the regional director. A vacancy in the Board shall not impair the right of the remaining members to exercise all of the powers of the Board, and three members of the Board shall, at all times, constitute a quorum of the Board, except that two members shall constitute a quorum of any group designated pursuant to the first sentence hereof. The Board shall have an official seal which shall be judicially noticed.

The Board shall at the close of each fiscal year make a report in writing to Congress and to the President summarizing significant case activities and operations for that fiscal year.

(d) General Counsel; appointment and tenure; powers and duties; vacancy

There shall be a General Counsel of the Board who shall be appointed by the President, by and with the advice and consent of the Senate, for a term of four years. The General Counsel of the Board shall exercise general supervision over all attorneys employed by the Board (other than administrative law judges and legal assistants to Board members) and over the officers and employees in the regional offices. He shall have final authority, on behalf of the Board, in respect of the investigation of charges and issuance of complaints under section 160 of this title, and in respect of the prosecution of such complaints before the Board, and shall have such other duties as the Board may prescribe or as may be provided by law. In case of a vacancy in the office of the General Counsel the President is authorized to designate the officer or employee who shall act as General Counsel during such vacancy, but no person or persons so designated shall so act (1) for more than forty days when the Congress is in session unless a nomination to fill such vacancy shall have been submitted to the Senate, or (2) after the adjournment sine die of the session of the Senate in which such nomination was submitted.

(July 5, 1935, ch. 372, § 3, 49 Stat. 451; June 23, 1947, ch. 120, title I, § 101, 61 Stat. 139; Pub. L. 86–257, title VII, §§ 701(b), 703, Sept. 14, 1959, 73 Stat. 542; Pub. L. 93–608, § 3(3), Jan. 2, 1975, 88 Stat. 1972; Pub. L. 95–251, § 3, Mar. 27, 1978, 92 Stat. 184; Pub. L. 97–375, title II, § 213, Dec. 21, 1982, 96 Stat. 1826.)Editorial NotesReferences in Text

The Labor Management Relations Act, 1947, referred to in subsec. (a), is act June 23, 1947, ch. 120, 61 Stat. 136, which is classified principally to this chapter. For complete classification of this act to the Code, see section 141 of this title and Tables.

Codification

In subsec. (d), “administrative law judges” substituted for “trial examiners” pursuant to section 3105 of Title 5, Government Organization and Employees, and section 3 of Pub. L. 95–251, Mar. 27, 1978, 92 Stat. 184, which is set out as a note under section 3105 of Title 5.

Amendments

1982—Subsec. (c). Pub. L. 97–375 substituted “summarizing significant case activities and operations for that fiscal year” for “stating in detail the cases it has heard, the decisions it has rendered, and an account of all moneys it has disbursed”.

1975—Subsec. (c). Pub. L. 93–608 struck out requirement that report contain the names, salaries, and duties of all employees and officers employed or supervised by the Board.

1959—Subsec. (b). Pub. L. 86–257, § 701(b), authorized the Board to delegate to its regional directors its powers under section 159 of this title to determine the unit appropriate for the purpose of collective bargaining, to investigate and provide for hearings, and determine whether a question of representation exists, and to direct an election or take a secret ballot under section 159(c) or 159(e) of this title and certify the results thereof.

Subsec. (d). Pub. L. 86–257, § 703, authorized the President to designate the officer or employee who shall act as General Counsel in the case of a vacancy in the office of the General Counsel.

1947—Act June 23, 1947, amended section generally by increasing membership from three to five, delegating its powers and duties to a quorum of any three members, and by appointing a General Counsel and outlining his powers and duties.

Statutory Notes and Related SubsidiariesEffective Date of 1959 Amendment

Pub. L. 86–257, title VII, § 707, Sept. 14, 1959, 73 Stat. 546, provided that: “The amendments made by this title [amending this section and sections 158, 159, and 160 of this title] shall take effect sixty days after the date of the enactment of this Act [Sept. 14, 1959] and no provision of this title shall be deemed to make an unfair labor practice, any act which is performed prior to such effective date which did not constitute an unfair labor practice prior thereto.”

Termination of Reporting Requirements

For termination, effective May 15, 2000, of provisions in subsec. (c) of this section relating to making a report in writing to Congress at the close of each fiscal year, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 184 of House Document No. 103–7.

Notes of Decisions

Cited in 416 cases (65 in the last 5 years), 1936–2026 · leading case: Nat'l Labor Relations Bd. v. SW Gen., Inc., 137 S. Ct. 929 (2017).

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Nat'l Labor Relations Bd. v. SW Gen., Inc., 137 S. Ct. 929 (2017). · cites it 10× “Opinion of the Court 29 U. S. C. §153 (d). In June 2010, the NLRB’s general counsel—who had been serving with Senate confirmation—resigned.”

New Process Steel, L. P. v. Nat'l Labor Relations Bd., 560 U.S. 674 (2010). · cites it 11× “Argued March 23, 2010—Decided June 17, 2010 The Taft-Hartley Act increased the size of the National Labor Relations Board (Board) from three members to five, see 29 U. S. C. §153 (a), and amended §3(b) of the National Labor Relations Act to increase the Board’s quorum…”

PHH Corp. v. Consum. Fin. Prot. Bureau, 881 F.3d 75 (D.C. Cir. 2018). · cites it 10× “449 , 451 (1935) (codified at 29 U.S.C. § 153 ). Turning then to each basis for removal, “malfeasance” was defined as “the doing of that which ought not to be done; wrongful conduct, especially official misconduct; violation of a public trust or obligation; specifically, the…”

UC Health v. Nat'l Labor Relations Bd., 803 F.3d 669 (D.C. Cir. 2015). · cites it 21× “29 U.S.C. § 153 (a). The Board has two main functions under the NLRA.”

Nat'l Labor Relations Bd. v. United Food & Com. Workers Union, Local 23, 484 U.S. 112 (1987). · cites it 8× “" [7] 29 U. S. C. § 153 (d). The methods and procedures for the resolution of unfair labor practice charges are set out in statutes and in regulations promulgated by the Board pursuant to congressional authority.”

Nat'l Labor Relations Bd. v. New Vista Nursing & Rehab., 870 F.3d 113 (3rd Cir. 2017). · cites it 18× “29 U.S.C. § 153 (a). As the Supreme Court has held, there are three Board quorums, of which the first and third must exist for any given NLRB decision to be valid under 29 U.”

Frankl v. HTH Corp., 650 F.3d 1334 (9th Cir. 2011). · cites it 9× “Section 3(b) of the Act authorizes delegations to three-member groups, 29 U.S.C. § 153 (b), but, the Supreme Court reasoned, such a “delegee group ceases to exist once there are no longer three Board members to constitute the group.”

Laurel Baye Healthcare of Lake Lanier, Inc. v. Nat'l Labor Relations Bd., 564 F.3d 469 (D.C. Cir. 2009). · cites it 7× “” 29 U.S.C. § 153 (a). Section 3(b) of the NLRA states, in relevant part, that: The Board is authorized to delegate to any group of three or more members any or all of the powers which it may itself exercise.”

Snell Island SNF LLC v. Nat'l Labor Relations Bd., 568 F.3d 410 (2d Cir. 2009). · cites it 8× “See 29 U.S.C. § 153 (a) (providing farther that “[t]he President shall designate one member to serve as Chairman of the Board”).”

D.R. Horton, Inc. v. Nat'l Labor Relations Bd., 737 F.3d 344 (5th Cir. 2013). · cites it 4× “6 See 29 U.S.C. § 153 . The terms of those serving under recess appointments expire at the end of the next Senate session after the appointment.”

San Diego Teachers Assn. v. Superior Court, 593 P.2d 838 (Cal. 1979). · cites it 8× “" Respondent argues that, because the EERA, unlike the NLRA ( 29 U.S.C. § 153 (d)), does not confer autonomous prosecutorial power on PERB's general counsel, PERB cannot direct him or her to seek temporary injunctive relief against an unfair practice without compromising its…”

Nat'l Labor Relations Bd. v. New Vista Nursing & Rehab., 719 F.3d 203 (3rd Cir. 2013). · cites it 7× “29 U.S.C. § 153 (a). Section 153(b) authorizes the Board to ―delegate to any group of three or more members any or all of the powers which it may itself exercise.”

Show all 416 citing cases →

— 29 U.S.C. § 153(a) — 1 case

Cathy Harris v. Scott Bessent (D.C. Cir. 2025).

— 29 U.S.C. § 153(b) — 1 case

Stone v. EDS Fed. Corp., 351 F. Supp. 340 (N.D. Cal. 1972).

— 29 U.S.C. § 153(d) — 4 cases

Constellation Brands, U.S. Operations, Inc. v. Nat'l Labor Relations Bd., 842 F.3d 784 (2d Cir. 2016).

Eugen Pedersen v. Nat'l Labor Relations Bd., Modern Linen & Laundry Serv., Inc., Intervenor, 234 F.2d 417 (2d Cir. 1956).

Nat'l Labor Relations Bd., Applicant-Appellee v. Elmer R. Lewis, President, Plastic Workers Union Local 18, L. U. D. T. W., Afl-Cio, 310 F.2d 364 (7th Cir. 1962).

Local Union No. 59 of the Sheet Metal Workers Int'l Ass'n v. J. E. Workman, Inc., 343 F. Supp. 480 (D. Del. 1972).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.