NLRB Seeks Increased Participation In Its ADR Program

By Kamer Zucker Abbott

July 23, 2018

The National Labor Relations Board (NLRB) has launched a new “pilot program” to enhance the use of its Alternative Dispute Resolution (ADR) program, established in 2005.

The NLRB explains that its ADR program allows “parties greater control over the outcome of their cases” by providing “more creative, flexible, and customized settlements of their disputes.” “In addition to savings in time and money, 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.” The ADR program is free and participation is voluntary. Moreover, a party may withdraw from participation at any time.

Under the new pilot program, the Board’s Office of the Executive Secretary will proactively engage parties with cases pending before the Board to determine whether their cases are appropriate for inclusion in the ADR program. As such, employers with matters before the NLRB should be prepared in the future to decide whether to participate in the ADR program. Parties may also contact the Office of the Executive Secretary and request that their case be placed in the ADR program.