Modifications to Role of National Labor Relations Board's Administrative Law Judges Including: Assignment of Administrative Law Judges as Settlement Judges; Discretion of Administrative Law Judges to Dispense With Briefs, To Hear Oral Argument in Lieu of Briefs, and To Issue Bench Decisions

Résumé

The National Labor Relations Board (NLRB) proposes to amend its rules with respect to the role that its Administrative Law Judges play in facilitating the expeditious resolution of unfair labor practice proceedings. First, the NLRB proposes to amend Section 102.35 of the rules to give the Chief Administrative Law Judge discretion to assign a judge other than the trial judge to conduct settlement negotiations with the parties, and to give the settlement judge certain powers necessary to engage effectively in those settlement efforts. Second, the NLRB proposes modifying Section 102.35(j), Section 102.42, and Section 102.45(a) to give administrative law judges assigned to hear a case the discretion to dispense with briefs, to hear oral argument in lieu of briefs, and to issue bench decisions.