The agency has two halves that do not answer to each other. One decides cases. The other decides which cases get brought. Knowing which is which explains most of what looks strange about how a charge moves.
The Board. Five seats in Washington. It decides cases that have already been through a region and a hearing. Members are appointed by the President with the Senate's consent, for five year terms. It can sit in panels of three.
The General Counsel. A separate appointment, for four years. Decides which charges become complaints, and prosecutes them. The Board has no say in that decision and cannot overrule it.
Under the General Counsel sit the 26 regional offices, which take the filings, investigate, and run elections. Hearings are held by administrative law judges. A case only reaches the five members in Washington if somebody files exceptions to a judge's decision, which most cases never do.
This split is why the Board's published decisions are a poor picture of what the agency does. They are the small share of cases that were litigated the whole way. Everything else was settled, withdrawn, or dismissed by a region.
| Member | Seat | Party | Service began | President then in office |
|---|---|---|---|---|
| David M. Prouty | The Smith seat | Democrat | 22 September 2021 | Joseph R. Biden Jr. |
| James R. Macy | The Madden seat | Republican | 17 August 2026 | Donald J. Trump |
| Empty | The Carmody seat | |||
| James R. Murphy | The Murdock seat | Republican | 7 January 2026 | Donald J. Trump |
| Scott A. Mayer | The Gray seat | Republican | 7 January 2026 | Donald J. Trump |
The Labor Board FYI is independent, and is not the Board or any government agency. Where a number here disagrees with the Board's, the Board is right: tell us at [email protected]. If a name here is a private person and not a business or a union, write to the same address and it comes off. Where this comes from.