The National Labor Relations Board (NLRB) is informed that Verdure Industries, a candle manufacturer, is violating a few labor laws of the United States. What steps should the NLRB take in this case?

Question

What will be an ideal response?

Answer 1

In carrying out its adjudicative function in individual cases, as opposed to rulemaking for whole industries, an administrative agency usually pursues a four-step process. After receiving a complaint alleging violation of an administrative law, the NLRB should notify Verdure Industries, the party against whom the complaint is made. It should then conduct an investigation into the merits of the complaint. If the staff of the NLRB finds that the complaint has merit, the NLRB should next negotiate with Verdure to see if it can get the party to voluntarily stop the violation. If negotiation is unsuccessful, the third step will be to file a complaint with an administrative law judge (ALJ). The final step will consist of a hearing and decision by the ALJ. Verdure Industries may appeal the ALJ's decision to the full commission or agency head and ultimately to a federal court of appeals and the U.S. Supreme Court.