29 U.S.C. § 154

National Labor Relations Board; eligibility for reappointment; officers and employees; payment of expenses

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(a) Each member of the Board and the General Counsel of the Board shall be eligible for reappointment, and shall not engage in any other business, vocation, or employment. The Board shall appoint an executive secretary, and such attorneys, examiners, and regional directors, and such other employees as it may from time to time find necessary for the proper performance of its duties. The Board may not employ any attorneys for the purpose of reviewing transcripts of hearings or preparing drafts of opinions except that any attorney employed for assignment as a legal assistant to any Board member may for such Board member review such transcripts and prepare such drafts. No administrative law judge’s report shall be reviewed, either before or after its publication, by any person other than a member of the Board or his legal assistant, and no administrative law judge shall advise or consult with the Board with respect to exceptions taken to his findings, rulings, or recommendations. The Board may establish or utilize such regional, local, or other agencies, and utilize such voluntary and uncompensated services, as may from time to time be needed. Attorneys appointed under this section may, at the direction of the Board, appear for and represent the Board in any case in court. Nothing in this subchapter shall be construed to authorize the Board to appoint individuals for the purpose of conciliation or mediation, or for economic analysis.(b) All of the expenses of the Board, including all necessary traveling and subsistence expenses outside the District of Columbia incurred by the members or employees of the Board under its orders, shall be allowed and paid on the presentation of itemized vouchers therefor approved by the Board or by any individual it designates for that purpose.(July 5, 1935, ch. 372, § 4, 49 Stat. 451; June 23, 1947, ch. 120, title I, § 101, 61 Stat. 139; Pub. L. 95–251, § 3, Mar. 27, 1978, 92 Stat. 184.)Editorial NotesCodification

Provisions of subsec. (a) which prescribed the basic compensation of members of the Board and the General Counsel were omitted to conform to the provisions of the Executive Schedule. See sections 5314 and 5315 of Title 5, Government Organization and Employees.

In subsec. (a), “administrative law judge’s” and “administrative law judge” substituted for “trial examiner’s” and “trial examiner”, respectively, pursuant to section 3105 of Title 5, 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

1947—Act June 23, 1947, amended section generally by increasing Board members’ salaries from $10,000 to $12,000 per annum, by providing a salary of $12,000 per annum for the General Counsel, striking out former subsec. (b) relating to termination of “Old Board”, and redesignating subsec. (c) relating to payment of expenses of Board as subsec. (b).

Statutory Notes and Related SubsidiariesEffective Date of 1947 Amendment

For effective date of amendment by act June 23, 1947, see section 104 of act June 23, 1947, set out as a note under section 151 of this title.

Notes of Decisions
Cited in 20 cases (3 in the last 5 years), 1936–2024 · leading case: Nat'l Labor Relations Bd. v. Bluefield Hosp. Co., 821 F.3d 534 (4th Cir. 2016).
Nat'l Labor Relations Bd. v. Bluefield Hosp. Co., 821 F.3d 534 (4th Cir. 2016). “” 29 U.S.C. § 154 (a); see also 29 C.F.R. § 102.”
NLRB v. Starbucks Corp, 125 F.4th 78 (3rd Cir. 2024). “§ 3105 ; 29 U.S.C. § 154 (a); NLRB, Revision of Statement of Organization and Functions § 201, 47 Fed.”
Bradley Lumber Co. v. Nat'l Labor Relations Bd., 84 F.2d 97 (5th Cir. 1936). “” Section 4 ( 29 U.S.C.A. § 154 ). “The principal office of the Board shall be in the District of Columbia, but it may meet and exercise any or all of its powers at any other place.”
Kenneth M. Cooper v. Tennessee Valley Auth., 723 F.2d 1560 (Fed. Cir. 1983). “, National Labor Relations Act, § 4(a), 29 U.S.C. § 154 (a) (1976) (providing that attorneys appointed by the National Labor Relations Board “may, at the direction of the Board, appear for and represent the Board in any case in court”).”
Kfc Nat'l Mgmt. Corp. v. Nat'l Labor Relations Bd., 497 F.2d 298 (2d Cir. 1974). “No trial examiner’s report shall be reviewed, either before or after its publication, by any person other than a member of the Board or his legal assistant, and no trial examiner shall advise or consult with the Board with respect to ex- *303 eeptions taken to his findings,…”
T.S.C. Motor Freight Lines, Inc. v. United States, 186 F. Supp. 777 (S.D. Tex. 1960). “§§ 155 (c), 409) and for individual review by a legal assistant for each member of the National Labor Relations Board (see 29 U.S. C.A. § 154(a)). 32 . 5 U.S.C.A. § 1007 (a): “* * * Whenever such officers make the initial decision and in the absence of either an appeal to the…”
Frank Camero v. The United States, 345 F.2d 798 (Ct. Cl. 1965). “139 , 29 U.S.C. § 154 (a); Section 5(d) (8) of the Communications Act of 1934, as amended, 75 Stat.”
Nat'l Labor Relations Bd. v. Fed. Labor Relations Auth., 613 F.3d 275 (D.C. Cir. 2010). “” The Authority also points out that under § 4(a) of the Act, 29 U.S.C. § 154 (a), the Board is authorized to appoint attorneys, a grant of authority it argues is inconsistent with the Board’s “complete separation” theory.”
In Re Am. Buslines, Inc., 151 F. Supp. 877 (D. Neb. 1957). “§ 153 ; provides for its organization and procedures and clothes it with authority to make rules and regulations for the administration of the Act, Title 29 U.S.C.A. §§ 154 , 155 and 156; declares and provides for the right of affected employees “to self-organization, to form,…”
Precision Castings Co. v. Boland, 13 F. Supp. 877 (W.D.N.Y. 1936). “Section 4 of the act (29 U.S. C.A. § 154) provides that the Board may appoint such attorneys and regional directors and other employees as it may from time to time find necessary for the proper performance of its duties.”
Atchison, Topeka & Santa Fe Ry. Co. v. United States, 231 F. Supp. 422 (E.D. Ill. 1964). “In all its ramifications, however, there has been unanimity of authority in the basic philosophy which finds statutory expression in Section 5 of the Administrative Procedure Act, 5 U.”
Fed. Trade Comm'n v. Guignon, 390 F.2d 323 (8th Cir. 1968). “(11), which authorizes the Interstate Commerce Commission to “employ such attorneys as it finds necessary * * * to appear for or represent the commission in any case in court * Another example is 29 U.”
— 29 U.S.C. § 154(a) — 2 cases
T.S.C. Motor Freight Lines, Inc. v. United States, 186 F. Supp. 777 (S.D. Tex. 1960). “§§ 155 (c), 409) and for individual review by a legal assistant for each member of the National Labor Relations Board (see 29 U.S. C.A. § 154(a)). 32 . 5 U.S.C.A. § 1007 (a): “* * * Whenever such officers make the initial decision and in the absence of either an appeal to the…”
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.