Union Challenges Labor Relations Board

"The FLRA decision would put the general counsel in the position of bargaining with the NLRBU [the union] regarding board support staff, and the board in the position of bargaining with the NLRBU regarding general counsel field office support staff and professionals, including line attorneys who prosecute cases before the board."

That "blurs the lines of authority," Meisburg said in a memo to employees, and "places the independence of the general counsel at risk."

He might soon have an opportunity to again defy the FLRA. It approved another consolidation of bargaining units, one of lawyers in Meisburg's office with another of lawyers reporting to the board, said Leslie Rossen, president of the National Labor Relations Board Professional Association, which represents agency lawyers.

She said Meisburg's office notified her that the agency also will refuse to bargain with the combined unit in the union.

No one said Meisburg lacks the right to continue his fight against the FLRA rulings, but by doing so he could put at risk the faith that outside unions have in his agency.

"We have an agency that is giving a road map to parties that want to violate the agency's own law," Brooks said. "If the agency won't honor the federal labor law, then can employees in the private sector count on the NLRB to defend their own rights?

"That's what I find particularly galling."

The NLRB's relations with labor also have suffered because of a new employee appraisal system that has led to a large number of grievances. Rossen said her members might normally submit two or three grievances a year, but the new appraisal system generated 19.

Black attorneys, particularly, "feel they are being targeted and encouraged to leave" with the appraisal system being used as the stick to push people out, she said.

The situation seems to be particularly bad on the board's side of the NLRB, where black attorneys have nearly disappeared in recent years as their number dropped from few to almost none. There were four black lawyers out of 73 in 2002, about 5 percent. In 2008, that fell to one out of 58, roughly 2 percent. In both years there was one Asian and one Latino lawyer.

NLRB officials said "we certainly deny any suggestion, to the extent it is being made, that attrition at the board has been affected in any way by unlawful discrimination."

Contact Joe Davidson at federaldiary@washpost.com.