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Appearance of bias at the NLRB
June 10, 2006 by Ross Runkel at LawMemo
In nine cases the NLRB has exposed an ALJ's practice of writing decisions by copying from briefs filed by the General Counsel. Last week seven got sent back for re-assignment to a different ALJ.
An utter waste of time and money for the Board, the parties, the other ALJs, and the taxpayers.
In NLRB cases, trials are held in front of administrative law judges - ALJs. High standards of competence and integrity are crucial.
For the latest seven cases, see NLRB Law Memo 06/09/2006.
For an excellent discussion of these developments, see Workplace Prof Blog - An ALJ Who Really Needs a Good Clerk, written by Professor Jeff Hirsch.
Jeffrey M. Hirsch, Associate Professor of Law, University of Tennessee College of Law. Professor Hirsch joined the UT law faculty in August 2004 after working for four years in the Appellate Court Branch of the National Labor Relations Board in Washington, D.C. He received a J.D. degree from New York University in 1998 and, following graduation, was a judicial clerk for the Honorable Haldane R. Mayer on the U.S. Court of Appeals for the Federal Circuit and the Honorable Robert R. Beezer on the U.S. Court of Appeals for the Ninth Circuit. While in law school, Professor Hirsch received the ABA/BNA Prize for excellence in labor and employment law and the Seymour M. Goldstein Prize for academic excellence in labor relations. His scholarly work has been published in the Seton Hall Law Review, the Fordham Law Review, and the New York University Environmental Law Journal.
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