Abstract
This Article provides a comprehensive survey of cases where improper solicitation of charges by National Labor Relations Board agents has been alleged as a defense by Respondents in those cases. The Board is empowered only to act on charges brought before it by individuals, labor organizations, or employers. The author shows that the Board is without authority—either by statute, by its own rules and regulations, or from the courts—to engage in solicitation, which includes initiating charges, fil ing complaints which are beyond the scope of the original charge, or acting upon events which happened greater than six months previous to the filing of the original charge. The author finds, however, that in nearly fifty years of attempts by Respondents to prove such wrongdoings, the Board has never found its agents to have overstepped their authority by engaging in acts of improper solicitation. The author proposes the framework of a test to determine when Board agents have acted excessively.
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