Jackson, J., dissenting
by any tribunal competent to apply law generally to the parties.” Garner v. Teamsters, 346 U. S. 485, 490 (1953). Rather, Congress “went on to confide primary interpretation and application of its rules to a specific and specially constituted tribunal”: the National Labor Relations Board. Ibid.; see generally §§153–156.
By statutory mandate, the Board is composed of five members who are appointed by the President with the advice and consent of the Senate. §153(a). Congress also provided for an independent General Counsel, who is likewise presidentially appointed and Senate confirmed. §153(d); see NLRB v. Food & Commercial Workers, 484 U. S. 112, 117–118 (1987). The General Counsel conducts investigations into unfair labor practices and brings complaints before the Board through a “particular procedure” that Congress has prescribed “for investigation, complaint and notice, and hearing and decision, including judicial relief pending a final administrative order” from the Board. Garner, 346 U. S., at 490; see §§153, 160.
The Board has fleshed out this process via rulemaking authority that Congress has delegated. §156. If a person believes that an employer or union has committed an unfair labor practice, the person may file a charge with a regional director, who acts on behalf of the General Counsel. 29 CFR §101.2 (2022). The regional director investigates the charge. §101.4. If “the charge appears to have merit and efforts to dispose of it by informal adjustment are unsuccessful,” the regional director issues a complaint on behalf of the General Counsel. §101.8. When a General Counsel’s complaint issues, an administrative law judge (ALJ) holds a hearing and issues a decision, which the Board reviews if any party files an exception. §§101.8–101.12. If the Board finds that a party has engaged in an unfair labor practice, it must order the party to “cease and desist” and to take “such affirmative action … as will effectuate the policies” of the NLRA. 29 U. S. C. §160(c).
