NLRB Clarifies New Charge Intake Procedures Aimed at Reducing Backlog

Quick Hits

• The NLRB has implemented new case intake procedures requiring charging parties to submit evidence before their unfair labor practice cases are docketed.
• Under the new procedure, a failure to provide documentation and information supporting a charge within two weeks may lead to the dismissal of the charge.
• Designed to enhance efficiency in case handling and reduce the existing case backlog, the updated process may result in quicker resolutions of unfair labor practice charges.

In one of his last acts as acting general counsel of the NLRB, William B. Cowen issued Memorandum GC 26-01 on December 23, 2025, outlining new procedures for processing and assigning charges filed after October 1, 2025. The memorandum states that the NLRB will now require charging parties to submit evidence and documentation within two weeks before a case is assigned.

Recent reporting on the memorandum suggested the NLRB’s updated protocol could create hurdles for charging parties seeking to bring unfair labor practice charges. However, the NLRB has now clarified that the “information requested at intake is the same information that Board agents have always required at the beginning of an investigation” and that “[t]he two-week deadline for responding to preliminary information requests under the updated protocol is fully consistent with longstanding agency practice.”

“The purpose of the new internal protocol is to improve efficiency and reduce delays caused by assigning cases to Board agents who are already managing significant caseloads and may not be able to begin new investigative work for months,” the clarification issued by the NLRB’s Office of Public Affairs stated.

Evidence Submission by Charging Parties

Memorandum GC 26-01 explained that charging parties must e-file specific evidence within two weeks of docketing, and the failure to provide the requested evidence may result in a charge being dismissed. According to the memorandum, charging parties must submit:

• a chronological outline of relevant events and communications;
• relevant documentation and supporting communications; and
• a list of witnesses with contact information and a brief summary of each witness’s testimony.

The regional office will send a docketing letter to the charging party with a new email address for the regional offices and the telephone number of a Board employee for questions about the new initial evidence submission requirements.

According to the memorandum, the updated procedures were aimed at providing relief to the NLRB’s twenty-six regional offices and improving case processing efficiency. Acting General Counsel Cowen acknowledged that the Board and its regional offices faced a significant backlog of cases exacerbated by the 43-day federal government shutdown and decreasing staffing levels. The memorandum came after the NLRB had lacked a quorum of members for most of 2025, and before two new members appointed by President Donald Trump were sworn in on January 7, 2026.

The NLRB said in its new clarification is designed to increase efficiency and reduce delays. Under the prior procedure, the NLRB said Board agents were receiving charges with incomplete information, which required “extensive follow-up before any evidence was collected or meaningful investigative steps could occur.” That process had contributed to the growing backlogs and delays, the NLRB stated.

“By ensuring that essential information is collected at the time the charge is filed, the updated internal protocol allows the agency to make better use of limited investigative resources,” the NLRB stated.

Assignment to a Board Agent

In addition to the information request requirements, Memorandum GC 26-01 explained that charges will not be immediately assigned to a Board agent, but will instead be placed on a list monitored by NLRB staff, awaiting the initial evidence submission. The procedures will not apply to charges related to existing cases or to certain statutory priority charges, as defined by the NLRB Casehandling Manual, including unfair labor practice charges filed against unions that require injunctions, such as to stop illegal picketing or boycotts.

Once the charging party has submitted evidence and it has been determined that the case should be assigned for investigation, the charge “will not be assigned until there is a Board Agent who has sufficient capacity to allow them to timely investigate the charge.” The memorandum stated that “[i]f there is no Board Agent with sufficient capacity, the charge will remain on the unassigned case list until there is a Board Agent with capacity.”

Next Steps

The new case intake protocol changes are designed to improve efficiency and could potentially result in quicker dismissals, particularly when charges lack factual support. Employers may want to note the new evidence submission requirements for filing unfair labor practice charges and the potential for case dismissals for failing to comply. Employers may also want to ensure the organization and retention of records, communications, and events related to potential charges.

Ogletree Deakins’ Traditional Labor Relations Practice Group will continue to monitor developments and will provide updates on the Traditional Labor Relations blog as additional information becomes available.

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