NLRB - The Division of Advice

National Labor Relations Board - The Division of Advice
Office of the General Counsel

The Division of Advice, located within the Office of the General Counsel in Washington, D.C., consists of three branches: the Regional Advice Branch, the Injunction Litigation Branch and the Legal Research & Policy Planning Branch.

The Regional Advice Branch provides guidance to the General Counsel and to the Regional Offices with respect to difficult or novel legal issues arising in the processing of unfair labor practice charges. It determines whether charges have merit and, if so, what legal theories should be advanced in support. If the decision is to dismiss a charge, it sets forth the theories that support that decision. In either case, the guidance must take into account the current law and agency policies as well as an analysis of how those legal principles and policies may be evolving.

The Injunction Litigation Branch implements, in conjunction with the regional offices, the General Counsel's Section 10(j) program to obtain interim injunctions to restore or preserve the status quo where necessary to preserve the effectiveness of the Board's ultimate remedial order. The Branch evaluates Regional recommendations for seeking interim injunctive relief and drafts recommendations to the Board in cases in which the General Counsel recommends seeking such relief. It provides to Regional Offices resource materials and training on the investigation and litigation of Section 10(j) cases. The Branch also advises and assists Regions in the litigation of both Section 10(j) and Section 10(l) injunction cases in federal district courts, and directly handles all appellate litigation in such cases.

The Legal Research & Policy Planning Branch provides agency employees with current summaries of NLRB and related court decisions both through the publication of case digest summaries and through an electronic research database. It also processes documents for release to the public pursuant to the Freedom of Information Act, develops and promulgates changes in the Board's procedural rules which are then published in the Federal Register, and provides assistance with a number of other agency programs, including processing cases arising under the Equal Access to Justice Act and development of internal and web-based electronic research tools.