Word: nlrb
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...person in Malin's position, the system is clearly stacked against him. The process of gathering evidence and building a legal case to support an NLRB charges takes a great deal of effort; Malin spent more than two months without any income, working full time to put together evidence and legal arguments for the Labor Board...
...parties involved have 35 days, plus possible extensions, after the trial finishes to file briefs supporting their positions. The administrative law judge then takes the case under advisement, and usually issues his decision within a year or two. The decision then goes to the five members of the NLRB in Washington, D.C., who can either affirm, amend, or send the decision back for reconsideration and further proceedings. The NLRB decision can then be appealed, adding further delays. It is not self-enforcing; the NLRB must file for an enforcement order--in Malin's case in the First U.S. Court...
...theoretically guaranteed rights are miniscule compared with the potential costs of potential dismissal. Such a system cannot help but diminish the number of persons seeking to engage in activities protected by the NLRA. It will also discourage workers fired for participating in these activities from filing charges with the NLRB and following them through...
...those who eventually regain their employment through the NLRB and the courts, whatever justice the system has provided--already eclipsed by the sheer length of the process--scarcely compensates for the economic, psychological and social damage the employee suffers...
Malin speculates that it may "add a bit of freedom and cause some people to think more about how at least one workplace can be improved." He also hopes to expose the ineffectiveness of the NLRB bureaucracy in protecting workers' statutory rights...