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National Labor Relations Board (NLRB)

Permanent Workforce: 1,610 Temporary Workforce: 39 Total Workforce: 1,649

Workforce Composition

Total # Men Women Hispanic or Latino White Black or African American Asian Native Hawaiian / Other Pacific Islander American Indian / Alaska Native Two or More Races Individuals with Targeted Disabilities
Permanent Workforce 1,610 37.14% 62.86% 8.88% 65.09% 21.74% 3.91% 0.12% 0.19% 0.06% 0.68%
Major Occupations:
GENERAL ATTORNEY 672 45.39% 54.61% 7.59% 76.34% 10.86% 4.76% 0.00% 0.30% 0.15% 0.60%
LABOR-MANAGEMENT RELATIONS EXAMINING 324 47.53% 52.47% 10.19% 78.40% 8.33% 3.09% 0.00% 0.00% 0.00% 0.31%
GS-14 and GS-15* 717 48.81% 51.19% 7.25% 75.17% 12.13% 4.88% 0.00% 0.42% 0.14% 0.84%
Senior Pay Level* 98 76.53% 23.47% 4.08% 88.78% 7.14% 0.00% 0.00% 0.00% 0.00% 0.00%
SES 59 69.49% 30.51% 3.39% 86.44% 10.17% 0.00% 0.00% 0.00% 0.00% 0.00%
First-Level Officials/ Mgrs 49 8.16% 91.84% 10.20% 53.06% 36.73% 0.00% 0.00% 0.00% 0.00% 0.00%
Mid-Level Officials/ Mgrs 100 56.00% 44.00% 7.00% 65.00% 24.00% 3.00% 0.00% 1.00% 0.00% 1.00%
Senior-Level Officials/ Mgrs 262 61.07% 38.93% 4.96% 80.53% 11.07% 3.05% 0.00% 0.38% 0.00% 1.53%

*Does not include pay-banded employees

Targeted Disabilities

As of September 30, 2009, NLRB employed 13 (0.79%) Individuals with Targeted Disabilities (IWTD). In order to have met the federal 2% participation rate goal, 33 IWTD were needed. This represents an increase of one employee over FY 2008 and an increase of 9 employees since FY 2005. The participation rate for FY 2008 was 0.73% and for FY 2005 was 0.21%. Over the 5-year period NLRB had a net increase of 0.58% in employees with targeted disabilities.

EEO Complaint Processing

I. Counseling

NLRB timely processed 90.9% of the 11 pre-complaint counselings (without remands) completed in FY 2009.

II. Bases of Complaints Filed

The bases of alleged discrimination most often raised were: (1) Reprisal; (2) Sex (Female); and (3) Disability (Physical). Of the 5 complaints filed at NLRB, 1 contained an allegation of race (Black/African American) discrimination, 1 contained an allegation of race (White) discrimination, no complaints contained allegations of color discrimination and 3 contained allegations of disability discrimination.

III. Complaint Processing Times

Of the 7 completed investigations, 100% were timely. NLRB's average time for completing an investigation was 159 days. Of the agencies completing 25 or more investigations, the Tennessee Valley Authority had the lowest average of 100 days.

NLRB's average processing time for all complaint closures increased from 348 days in FY 2008 to 608 days in FY 2009. The government-wide average was 344 days.

IV. Costs

NLRB reported no counseling settlements in FY 2009. NLRB expended a total of $90,359 for 7 complaint investigations, for an average expenditure of $12,908.

NLRB agreed to pay a total of $20,000 plus other benefits for 2 complaint closures through settlement agreements, final agency decisions, and final agency orders fully implementing AJ decisions. For complaint closures with monetary benefits, the average award was $10,000.

Outcome of Counselings Completed in FY 2009
Pre-Complaint Counseling Outcomes Completed by EEO Counselor Completed Using ADR All Completed Counselings
# % # % # %
Pre-Complaint Counselings: 10 1 11
Settlements 0 0% 0 0% 0 0%
Withdrawals or No Complaints Filed 5 50% 1 100% 6 54.6%
Complaints Filed* 5 45.5%
Decision to File Complaint Pending at End of Fiscal Year 0 0%

*Includes only complaints filed in FY 2009 where counseling was also completed during FY 2009.

Agency Use of ADR for EEO Dispute Resolution in FY 2009
Counseling Complaint
Completed/Ended Counselings/Complaint Closures 11 8
Total Number Offered ADR 11 8
ADR Offer Rate* 100% 100%
ADR Participation Rate* 9.1% 12.5%
Total ADR Settlements 0 0
Total ADR Settlements Amount $0.00 $0.00

* EEOC revised the formula for calculating the ADR offer and participation rates in FY 2006.

Timeliness in FY 2009
Total # # Timely % Timely FY 2008 APD* FY 2009 APD % Change
All Pre-Complaint Counselings (minus remands) 11 10 90.9%
All Investigations 7 7 100% 208 159 -23.6%
All Complaint Closures 8 348 608 74.7%
Merit Decisions (no AJ) 3 2 66.7% 263 525 99.6%
Dismissal Decisions (no AJ) 0 0 0 NA%

*APD = Average Processing Days

Outcomes of Complaints in FY 2009
Complaint Closures Final Agency Decision (no AJ Decision) Final Order (AJ Decision Fully Implemented) Final Order (AJ Decision Not Fully Implemented)
# % # % # % # %
Total Complaints Filed 5
Total Closures 8
Settlements 2 25%
Withdrawals 1 12.5%
Total Final Agency Actions 5 62.5% 3 60% 2 40% 0 0%
Dismissals 1 20% 0 0% 1 100% 0 0%
Merit Decisions 4 80% 3 75% 1 25% 0 0%
Finding Discrimination 0 NA% 0 NA% 0 NA% 0 NA%
Finding No Discrimination 4 100% 3 75% 1 25% 0 0%