NLRB Has 17,000 Open Unfair Labor Practice Cases

By: Scott D. Wilson

The National Labor Relations Board (“NLRB”) is currently managing a significant accumulation of unresolved unfair labor practice (“ULP”) investigations. As disclosed by NLRB Operations Division Chief William Cowen, the agency has approximately 17,000 open ULP cases, including nearly 10,000 matters pending for more than six months. Given the NLRB’s annual processing volume of roughly 20,000 ULP cases, the backlog effectively represents half a year’s workload.

Cowen outlined several operational measures designed to address this backlog:

1. Revised Docketing Protocol — The NLRB has implemented a new docketing system under which incoming charges are initially placed on an “unassigned” list until appropriate regional personnel become available. The system is intended to improve the allocation of cases by matching them to staff based on skills and experience.
2. Centralized Processing of Representation Matters — Regional offices are being directed to “revitalize central processing” for union election cases, specifically the drafting of decisions involving unit composition and supervisory status issues. This may include reassigning regional staff and, where feasible, drawing personnel from headquarters to support decision-writing.
3. Inter-Regional Load Balancing — The agency plans to shift caseloads from heavily burdened regional offices to those with greater capacity, leveraging remote-work practices proven effective during the pandemic.
4. Potential Reduction in Affidavit Requirements — The NLRB is evaluating whether fewer affidavits may be taken during investigations to conserve time and resources, where doing so would not compromise investigative integrity.
5. Limiting Pursuit of Certain Employer-Rule Allegations — Consistent with recent General Counsel guidance, regions have been instructed to scale back aggressive enforcement relating to employer rules in order to prioritize limited investigative resources.

Cowen further acknowledged that the agency remains significantly understaffed, having lost approximately 200 employees to attrition—twice the reduction mandated under the federal downsizing initiative. Despite these constraints, Cowen emphasized the agency’s commitment to maintaining operational functionality and preventing further erosion of its enforcement capabilities. “I do not want to preside over the end of the National Labor Relations Board, that’s not my goal,” he said. “My goal is to keep us on track.”