Policy-Making Function of the National Labor Relations Board: The Change from Adjudication to Rulemaking for Bargaining Unit Determinations in the Health Care Industry, The
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Authors
Bireline, Lisa A.
Issue Date
1992
Volume
25
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|The National Labor Relations Board ("Board") was established in 1935 to carry out the policies of the National Labor Relations Act ("NLRA"). The Board was given the authority to hold adjudicatory proceedings and to promulgate rules. Rather than exercise its authority to engage in rulemaking through the Administrative Procedure Act ("APA") processes, the Board continually developed labor policies exclusively through the use of adjudication. The Board continued to rely solely upon adjudication until issuing its first notice of proposed rulemaking regarding the appropriate bargaining units in the health care industry in 1987. The first rule promulgated by the Board was recently upheld as valid by the United States Supreme Court in American Hospital Association v. National Labor Relations Board...
Description
Citation
25 Creighton L. Rev. 117 (1991-1992)
Publisher
Creighton University School of Law