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Review of Administrative Law Judge Decisions by the Political Appointees of the National Labor Relations Board, 1991 - 2007

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Abstract:

Previous research on the National Labor Relations Board has demonstrated the influence of ideology over final orders issued by the political appointees of the Board. Using original data collected under a National Science Foundation grant (#SES-01794), this paper examines the impact of initial decisions issued by administrative law judges (ALJ) as an alternative source of influence over aggregate Board decision making. The paper examines 2,252 final orders issued by the Board between 1991 - 2007 as a function of the ideology of the members of the Board, the initial decision of the ALJ, external political influences, economic factors, and case characteristics. Partial generalized ordered logit results demonstrate that although ideology plays a role in Board member decision making, reliance on the initial decision of the ALJ is an overwhelming influence on Board outcomes. These results not only demonstrate the importance of the role of the administrative law judge in agency decision making, a government actor that has been previously ignored, but they also bring into question the top down nature of the principal-agent theory that has been used to model agency decision making.

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decis (255), board (187), case (101), alj (69), make (64), pro (62), labor (60), except (52), influenc (52), member (51), variabl (49), file (46), ideolog (46), split (45), manag (44), outcom (43), studi (42), court (36), 1 (35), union (34), level (33),
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Association:
Name: Midwest Political Science Association 67th Annual National Conference
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http://www.indiana.edu/~mpsa/


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MLA Citation:

Taratoot, Cole. "Review of Administrative Law Judge Decisions by the Political Appointees of the National Labor Relations Board, 1991 - 2007" Paper presented at the annual meeting of the Midwest Political Science Association 67th Annual National Conference, The Palmer House Hilton, Chicago, IL, Apr 02, 2009 <Not Available>. 2009-11-10 <http://www.allacademic.com/meta/p364357_index.html>

APA Citation:

Taratoot, C. , 2009-04-02 "Review of Administrative Law Judge Decisions by the Political Appointees of the National Labor Relations Board, 1991 - 2007" Paper presented at the annual meeting of the Midwest Political Science Association 67th Annual National Conference, The Palmer House Hilton, Chicago, IL Online <APPLICATION/PDF>. 2009-11-10 from http://www.allacademic.com/meta/p364357_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: Previous research on the National Labor Relations Board has demonstrated the influence of ideology over final orders issued by the political appointees of the Board. Using original data collected under a National Science Foundation grant (#SES-01794), this paper examines the impact of initial decisions issued by administrative law judges (ALJ) as an alternative source of influence over aggregate Board decision making. The paper examines 2,252 final orders issued by the Board between 1991 - 2007 as a function of the ideology of the members of the Board, the initial decision of the ALJ, external political influences, economic factors, and case characteristics. Partial generalized ordered logit results demonstrate that although ideology plays a role in Board member decision making, reliance on the initial decision of the ALJ is an overwhelming influence on Board outcomes. These results not only demonstrate the importance of the role of the administrative law judge in agency decision making, a government actor that has been previously ignored, but they also bring into question the top down nature of the principal-agent theory that has been used to model agency decision making.

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Associated Document Available All Academic Inc.
Associated Document Available Political Research Online
Associated Document Available Midwest Political Science Association 67th Annual National Conference

Document Type: application/pdf
Page count: 31
Word count: 9078
Text sample:
Review of Administrative Law Judge Decisions by the Political Appointees of the NLRB 1991 - 2007 Cole D. Taratoot Assistant Professor Department of Political Science Western Kentucky University Bowling Green Kentucky 42104 cole.taratoot@wku.edu Funded by a National Science Foundation Grant: # SES-071974 Prepared for Presentation at the Annual Conference of the Midwest Political Science Association Chicago IL April 2009. “The Board’s established policy is not to overrule an administrative law judge’s credibility resolutions unless the clear preponderance of all
.504 (.230) (.230) Supreme Court Ideology .140 1.15 .140 1.15 (.673) (.673) Number of Cases .358*** 1.43 -.095** .910 (.078) (.027) Negative Union Image .001 1.00 .001 1.00 (.135) (.135) Number of Charging Parties -.036 .962 -.186# 1.17 (.132) (.085) N=2252 Pseudo R2=.43 Chi2=1.055.18 *** p < .001 ** p < .01 * p < .05 # p < .10


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