If you have an unfair labor practice case before the National Labor Relations Board (“NLRB”), you may soon be contacted by the NLRB and asked to participate, or you can request to participate, in its new pilot program to enhance the use of its Alternative Dispute Resolution (“ADR”) program.
The NLRB’s renewed focus on Alternative Dispute Resolution
After seeing the success experienced by other federal agencies and the federal courts in settling contested cases through ADR, the NLRB started its ADR program in 2005 as a way to assist parties in settling unfair labor practice cases. The ADR program, through its mediators, helped approximately 60% of the cases reach settlements. And the NLRB approved the parties’ settlements in each of those cases.
But parties were not typically made aware of the ADR program until after they received an administrative law judge’s (“ALJ”) decision in their case, or after a hearing on the matter. Up until now, the parties were notified by mail along with the ALJ’s decision that the parties had the option of participating in the ADR program, after the parties spent time and money at a hearing.
The new pilot program will “increase participation opportunities for parties in the ADR program and help to facilitate mutually-satisfactory settlements” earlier on in unfair labor practice cases, according to the agency.
How does the program work?
Under the new pilot program, the NLRB will proactively contact parties with unfair labor practice cases to encourage certain parties to participate in the ADR program. A party may also request to participate in the ADR program. According to the agency, the NLRB will provide the parties with an experienced mediator to facilitate confidential settlement discussions and explore resolution options.
The program is completely voluntary, there are no charged fees or expenses for using the program, and a party who enters into settlement discussions under the program may withdraw its participation at any time, the NLRB noted.
In touting the ADR program, the NLRB has described participating in the program as allowing parties greater control over the outcome of their cases, providing parties with more creative, flexible, and customized settlements of their disputes, and saving parties time and money. According to the NLRB, “parties who use the ADR program can broaden their resolution options, making the program particularly useful for cases where traditional settlement negotiations have been unsuccessful.”
While there are certainly benefits to taking advantage of this program, it is not without risk. There are some potential risks involved, such as disclosing the strategy of your case before a hearing on the matter, especially if settlement negotiations fail. If you are considering taking advantage of the new ADR program, you should consult with legal counsel first.
Should you need any assistance in handling a matter before the NLRB or dealing with an unfair labor practice charge, or if you’d like to discuss your options under the new ADR pilot program, please contact the Gunster labor and employment law practice group.
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This publication is for general information only. It is not legal advice, and legal counsel should be contacted before any action is taken that might be influenced by this publication.
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