## NATIONAL LABOR RELATIONS BOARD

### OFFICE OF THE GENERAL COUNSEL

#### WASHINGTON, D.C.   20570

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**FOR IMMEDIATE RELEASE (R-2286)Monday, April 27, 1998 202/273-1991 www.nlrb.gov
**ACTING NLRB GENERAL COUNSEL FEINSTEIN ISSUES REPORT ON HIS OPERATIONAL INITIATIVES**

National Labor Relations Board Acting General Counsel Fred Feinstein today issued a report outlining how the Office of the General Counsel has changed during the four years of his tenure.

The 36-page report, *Change and Challenge at the National Labor Relations Board,* which is being submitted to the White House and to Congress, is a comprehensive review of numerous initiatives to streamline and better manage casehandling, in the 33 Regional Offices and Headquarters divisions that comprise the Office of the General Counsel.

In his introduction to the Report, Feinstein stated:

The Office of the General Counsel, which employs more than 90 percent of the NLRB�s staff, is different today than it was four years ago.  There have been administrative case processing reforms, restructuring of both field and headquarters operations, and streamlining of supervision and work processes, as well as many other changes outlined in this Report.  The changes have enhanced the General Counsel�s ability to enforce the Act and they have also resulted in cost reductions.

However, because the funding for the Agency has been reduced 10 percent since fiscal 1993, while case intake has held steady, backlogs in the field have continued to grow. Without the changes we have made, the backlog would have grown even more. Because of significant operational reforms we have been better able to manage the backlog and have streamlined our ability to carry out the mission of the Agency.  Nevertheless, the growing backlog, which causes the delayed resolution of labor disputes, is a significant concern.

In 1997 three of the programs described in the Report received Hammer Awards from the Vice President�s National Performance Review:
- Impact Analysis:  The Office of the General Counsel developed Impact Analysis as a new case management system to enforce the National Labor Relations Act in an environment of limited resources, staff reductions, and growing backlogs in the NLRB�s 33 Regional Offices.  Impact Analysis categorizes cases based on their potential impact on the public and their significance in achieving the NLRB�s mission, which is to resolve questions concerning the representation of employees and to remedy unfair labor practices.  Using national guidelines, Regional Offices determine how to allocate resources so that labor disputes affecting a significant number of employees or the general public through the disruption of business activities are resolved as expeditiously as possible.
- Representation Case Reinvention Programs:  Guided by the Office of the General Counsel, the Regional Offices developed new procedures to minimize delays, provide uniformity and predictability, and streamline the representation election process.  Under this new system, Regional Offices generally conduct hearings, where necessary, within  14  to  17  days after the filing of a petition, and aim to issue a decision in  45**days.  As a result of these steps, the median time for holding elections fell from **50** days during the first quarter of **Fiscal Year 1994** to **42**days in **Fiscal Year 1997.  Nearly 9 in 10**are now conducted within **56 days.**Reinvention of the Office of Appeals
: The Office of Appeals reviews appeals of Regional Directors� decisions not to issue complaints in unfair labor practice cases.  By adopting the Impact Analysis model to categorize cases, the Office of Appeals ensures that cases already determined to be of the greatest potential impact continue to receive the same high-priority treatment in the appeals process.  Moreover, the Office of Appeals established a "customer service standard" which calls for a decision within 
60 
days after the case is received except in the most complex cases.  As a result, the median number of days for processing a sustained appeal (i.e., where the regional dismissal is overturned) fell from 
99
 days in 
Fiscal Year 1995 to 39 days during the first six months the changes were implemented
.  

Among the other initiatives described in the four-year report are:
- Injunction Program: 
- Compliance Program Review
- Best Practices

Other streamlining and cost-savings initiatives include:
- Closing/Reconfiguration of Field and Headquarters Offices 
- Streamlined supervision
- Reduced Investigative Travel Costs:
- Streamlined oversight and Administrative Service to Regional Offices
- Improved Communication

Labor-Management and other personnel initiatives include:
- Partnership Formation:
- Buyouts, Early Outs:
- Flexible Workplace Programs
- Performance Appraisal Streamlining:

# # #

 
Change and Challengeat theNational Labor Relations Board
A Report on Operational Initiativesby General Counsel Fred Feinstein1994 - 1998

National Labor Relations BoardOffice of the General CounselApril 1998
**Contents**
**Executive Summary**

**Introduction**

**Case Handling Programs**
Impact AnalysisR case reinvention program10(j) ProgramCompliance Program ReviewOffice of Appeals ReinventionOther ProgramsPostal Service Agreement
Deferral of "Collection" Cases
Transfer of "portable" work
Increased Delegations; Paperwork Reduction
Best Practices
Rules revisions
Calendar Call

**Other Cost-Saving and Efficiency Initiatives**
Closing and Reconfiguring Field and Headquarters OfficesStreamlining of supervisionReduction of investigative travel costsUse of resident agentsStreamlining Oversight and Administrative Service to Regional OfficesOther Programs

**Internal Labor-Management Relations and Other Personnel Initiatives**
Partnership FormationImproved Consultation with ManagementSupport Staff IssuesFlexible WorkplaceRevival of Newsletter for Improved CommunicationsCoordination of Labor RelationsAlternative Dispute ResolutionBuyouts/Early outsPerformance Appraisal Streamlining

**Increasing the Use of Information Technology (IT) to Facilitate Casehandling and Management**

**Strategic Planning Under GPRA**
Executive Summary
**Case Handling Programs**
- Impact Analysis:  Cases now receive attention consistent with their importance to the public.  Prior to the implementation of Impact Analysis cases were treated on a first come, first served basis. Cases are now classified at initial intake in accord with their impact on the public and thereafter resources and the time frame for the investigation are allotted in accord with the categorization of the case. Impact Analysis has encouraged the use of alternative investigative techniques which ensure quality while saving Agency time and resources.  This effort received a Hammer Award in 1997.
- R case reinvention program:  Regional Office practices were examined to identify ways to conduct representation elections in a more consistent and predictable time frame.  Goals were established to put all parties on notice of precisely what would occur when a petition for an election was filed, to conduct the election within a predictable number of days from the filing of a petition and to resolve all post election issues expeditiously.  In more than 50% of all cases, elections are now held within 42 days of petition filing and in nearly nine of ten cases elections are held within 56 days. This effort received a Hammer Award in 1997.
- 10(j) Program:  The goal has been to promote uniform application of NLRA injunction provisions.  A manual was produced and distributed to all field offices; training was conducted, with subsequent refresher sessions.  Each Region named a 10(j) coordinator.  Cases are now reviewed for 10(j) potential early in investigation.  An initial upsurge in 10(j) filings has leveled off.  Despite changes, the success rate in terms of settlements and litigated cases has remained unchanged from historical levels.
- Compliance Program Review:   Regional Office procedures for computing, collecting backpay and obtaining other remedies were reviewed.  Guidance was produced, updated; Regions may now use sampling, estimating techniques to simplify backpay computation.  Compliance cases now prioritized under Impact Analysis principles.
- Office of Appeals Reinvention:  The Office of Appeals, which reviews Regional Office dismissals of unfair labor practice charges for potential prosecutorial merit, has been streamlined to reduce layers of review.  Work processes were reorganized to more quickly identify and process potential merit cases.  Highest priority cases now receive first attention.  Case processing times have been reduced, improving service to public. This effort received a Hammer Award in 1997.
- Other Programs:   Alternative Dispute Resolution agreement to reduce charge filings involving Postal Service; deferral of "collection cases;" transfer of "portable" work; delegations; paperwork reduction; fostering "best practices" approach; filing and service rules revisions; "calendar call" trial scheduling.

**Other Cost-Saving and Efficiency Initiatives**
- Closing and Reconfiguring Field and Headquarters Offices:  The El Paso, Texas Resident Office was closed and the D.C. Resident Office was moved into the Headquarters building.  Space in 28 field locations was reduced.  The 1998-99 planned reductions include 10 regional offices and Headquarters. The current year-end space assignment is expected to be more than 10 percent below the 1994 level--a saving of $2.25 million.
- Streamlining of supervision:   In the Regional Offices and in the General Counsel�s Headquarters divisions layers of review have been reduced, decisionmaking has been delegated to the lowest practicable level, and there has been greater utilization of supervisory staff flexibly to perform direct casehandling. The ratio of line employees to supervisors has increased.  Field office supervisory positions have been reduced 20 percent.
- Reduction of investigative travel costs:  Parties who file ULP charges and are situated within a 120-mile radius of a field office are required to come to that office to provide their evidence. Use of affidavits taken by telephone and questionnaires or requests for statements of facts have been increased. Cases are clustered so that multiple cases can be handled on a single trip.
- Use of resident agents working out of their homes  in cities where there is no field office but where there is steady casehandling activity.
- Streamlining Oversight and Administrative Service to Regional Offices  by downsizing, promotion of consultative management, combining of branches, reduction of internal regulations, elimination of duplicated functions.
- Other Programs:   Financial management improvement; reduction of interpreter costs; reductions in equipment, supplies

**Internal Labor-Management Relations and Other Personnel Initiatives**
- Partnership Formation  to structure participation of unions and other employee representatives in reinvention projects
- Improved Consultation with Management
- Support Staff Issues  to promote career mobility
- Flexible Workplace  to promote family-friendly goals
- Revival of Newsletter  for Improved Communications
- Coordination of Labor Relations
- Alternative Dispute Resolution  to save internal litigation costs.
- Buyouts/Early outs  to meet reduced staffing targets without unnecessary dislocations.
- Performance Appraisal Streamlining  to save supervisory resources.

**Increasing the Use of Information Technology (IT) to Facilitate Casehandling and Management**
Introduction
My four-year term as General Counsel ended on March 3, 1998.  While I have declined to seek renomination, I am currently serving as Acting General Counsel until a new General Counsel is confirmed.  It is an appropriate time to compile and summarize the initiatives that have occurred in the NLRB�s Office of the General Counsel during the four years of my term.

The Office of the General Counsel, which employs more than 90 percent of the NLRB�s staff, is different today than it was four years ago.  Consistent with the principles of the Vice President�s National Performance Review, there have been administrative case processing reforms, restructuring of both field and headquarters operations, and streamlining of supervision and work processes, as well as many other changes outlined in this Report.  The changes have enhanced the General Counsel�s ability to enforce the Act and they have also resulted in cost reductions.

However, because the funding for the Agency has been reduced in real dollars 10.6 percent since fiscal 1993, while case intake has held steady, backlogs in the field have continued to grow. Without the changes we have made, the backlog would have grown even more. Because of significant operational reforms we have been better able to manage the backlog and have streamlined our ability to carry out the mission of the Agency.  Nevertheless, the growing backlog, which causes the delayed resolution of labor disputes, is a significant concern.

In regard to improving the effectiveness of the Office of the General Counsel�s law enforcement efforts, from the outset of my tenure we have undertaken to improve our capacity to prioritize the different aspects of the work of the General Counsel�s office.  Our improved ability to differentiate among cases has helped not only to move more quickly on cases with the broadest public impact, but has also helped to streamline investigative techniques on appropriate cases.

Also from the outset we have focused on all aspects of processing election cases.  The Agency has no more important responsibility than conducting elections to determine whether or not employees seek union representation and doing so in a manner that is fair and consistent.  Another initial focus was on uniform implementation of the important injunctive provisions of the Act.  Significant additional changes have included reforms to help improve our compliance efforts, reinvention of the Office of Appeals and implementation of reforms in a number of other discrete areas that are described in this report.

In addition to these initiatives aimed at improving enforcement efforts there have been numerous steps taken to reduce costs. These efforts have included streamlining supervision and field oversight, the reinvention of headquarters branches, reconfiguring offices, space reductions, cutbacks in travel, and significant other initiatives outlined in this report.  These efforts have saved the Agency many millions of dollars.

A number of initiatives have been undertaken to improve internal labor management relations.  This has been particularly important given the eight percent reduction in staff the Agency has undergone during the past four years at a time when our case load was holding steady in size and increasing in complexity.  Staff has been asked to do more and they have responded, but the staff reductions have gone well beyond the point that added productivity can cover.  The average intake per FTE in 1996 was more than fifty percent above the figure for 1962.  There is significant concern about the effect on staff morale of the growing case backlogs.

Within weeks of the start of my tenure, we successfully established a partnership relationship with the Agency�s unions.  We believe this process of partnership with our unions has been important in the development of the many reform initiatives and has helped in dealing with a wide range of difficult labor management issues.  We have implemented flexible workplace arrangements and support staff reforms, streamlined the appraisal process and implemented other initiatives to update and improve our staff relations which are described below.  Here as in each of the other areas described in this report we recognize that there is still much work to be done. 

Finally we have made major strides in the automation of all work processes.  We are implementing a new and significantly improved universal case tracking system.  In-house legal research databases are replacing commercial services; litigation support software has improved the efficiency of brief writing and decision writing.  We have reorganized our information management infrastructure to reflect the significantly increased role that computers now play in all aspects of agency operations.  These ongoing efforts have and will continue to increase efficiency and productivity.

From many years of experience in dealing with the Agency before I arrived at the NLRB, I knew that the Agency was comprised of a dedicated, experienced and well managed workforce.  It is for that reason that I have been confident in relying on the career staff to analyze and develop each and every initiative that has been implemented.  To the extent that we have succeeded the career staff truly deserves the credit.  Time and again they demonstrated commitment, energy, insight and a willingness to work hard toward carrying out the Agency�s mission to effectively and efficiently enforce the law.

The many reforms in the Office of the General Counsel over the past four years have strengthened the Agency.  The three initiatives that were nominated (Impact Analysis, R-case reform and the reinvention of Appeals) were all selected by the NPR to receive Hammer Awards.  The changes have enabled us to make progress in improving the enforcement of the Act as well as coping with declining resources.  They have built upon the traditions of the Agency�s Office of the General Counsel that have for many years encouraged innovation and change directed at continued improvement in carrying out the Agency�s mission to enforce important workplace rights.

The process of change continues.  Some of the initiatives described below are still being implemented.  Those that have been implemented are being evaluated and assessed.  Much remains to be done and new challenges are constantly arising.  As in the past, the Office of the General Counsel remains ready to  meet new challenges, to build upon what has been accomplished.

 

Fred Feinstein

**