In reviewing cases, the Circuit Courts evaluate the factual and legal basis for the Board’s Order and decide, after briefing or oral argument, whether to enter a judicial decree commanding obedience to the Order. The Court may also enter an Order on the grounds that the responding party failed to oppose or had no legal basis to oppose the Board’s action.
In recent years, Circuit Courts have decided about 65 cases a year involving the NLRB. The majority - nearly 80% - have been decided in the Board’s favor.
Securing monetary remedies and Protecting assets:
Board attorneys conduct civil and criminal contempt litigation in the U.S. Courts of Appeals to secure monetary remedies such as back pay and to obtain protective orders to ensure that assets will not be dissipated in an effort to avoid obligations.
Final Review by U.S. Supreme Court:
Any Circuit Court decision can be subject to final review by the U.S. Supreme Court, if the parties or the Board seek it. Before presenting a petition asking the high court to consider a case, or grant certiorari, the Board must first receive permission from the U.S. Solicitor General.