On December 23, 2025, the National Labor Relation Board’s (NLRB) then-acting general counsel announced new, agency-wide procedures that may fundamentally alter how NLRB unfair labor practice charges are processed and, critically, when and how employers must respond.
The board explained that its existing backlog of cases had been exacerbated by the 43-day government shutdown and decreasing staffing levels in its regional offices. As a result of the growing backlog, the board found it necessary to modify the procedures for processing and assigning all charges filed after October 1, 2025.
Upfront Evidence Submission by Charging Parties
Under the board’s new procedures, the charging party is required to submit supporting evidence within two weeks of filing the charge. Specifically, the NLRB now requires charging parties to file the following documents within 14 days:
- A chronological outline or timeline of the relevant sequence of events and exchanges (e.g., verbal and in person communications) related to the charge allegations
- Relevant documentation related to the allegations in the charge as well as supporting communications and documents, such as letters, emails, text messages, phone records, etc.
- A list of the witnesses the charging party intends to present, their contact information (email and phone number), and a brief summary of each witness’s anticipated testimony
The board also advises that if the charging party fails to provide the requested evidence within the two-week time frame, the unfair labor practice charge may be dismissed for lack of cooperation.
No Automatic Assignment to a Board Agent
In addition to imposing new evidentiary requirements on the charging party, the board’s new procedures also change who is tasked with initially reviewing that evidence. Prior to the December memo, all unfair labor practice charges filed with the NLRB were initially assigned to a board agent for review. Now, NLRB charges will be placed on a list monitored by agency staff to await the initial submission of evidence by the charging party.
Once that evidence is submitted and evaluated, the region will determine if it is appropriate for dismissal or assignment to a board agent for investigation. Notably, the memorandum states 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.”
Employer Takeaways: Responding to NLRB Unfair Labor Practice Charges Under the New Procedures
On their face, the NLRB’s new unfair labor practice charge processing procedures are welcome news for employers, since most NLRB charges are filed by unions and employees. The board is now uniformly requiring upfront and prompt evidence of the charge submission from charging parties and has created a new, extra layer of review where charges may be dismissed before ever reaching a board agent.
It is likely that these new procedures will weed out at least some meritless charges that were permitted to proceed to investigation under the prior rules, as well as charges by charging parties who fail to cooperate with the NLRB by providing the required documentation. Employers will likely need to respond to fewer unfair labor practice charges as a result, particularly those submitted by individual employees.
Beyond the obvious, however, the Board’s new charge procedures pose several issues for employers to consider:
Faster NLRB Investigation Process
Under the prior system, board agents often received charges with incomplete information and were typically required to conduct extensive follow-up with the charging party before any evidence was collected or meaningful investigative steps could occur. Now, when a board agent reviews the case for the first time, there will already be an organized body of evidence ready for review. This could potentially result in quicker investigations and decisions, assuming the NLRB has sufficient staff to promptly assign cases from the unassigned case list once the requisite evidence has been submitted.
Earlier Requests for Position Statements and Documents
Relatedly, if board agents begin receiving charge cases that are already organized and supported by preliminary evidence, employers may face earlier and more targeted requests for documentation and witness information. With intake information more complete at the outset, employers may have less time to internally assess risk, gather documents, and align messaging once they receive notice of a charge.
Need to Retain Documents
It is now even more important for employers to retain documents that may be relevant to an unfair practice charge. In the event an employer seeks to file a charge, the charge could be dismissed for a lack of supporting documentation even prior to assignment to an investigator.
The board’s updated charge-processing protocol does not change substantive labor law standards. However, it does signal a renewed focus on efficiency and investigative readiness. For employers, the practical reality may be a more streamlined and faster-paced investigative process. Beginning to think critically about that shift can help reduce exposure and position employers for effective responses to charges.
If you or your organization have any questions about the NLRB’s new charge processing procedures, or how to best handle complying with federal and state labor law while reducing the risk of liability, please contact the authors of this article or any attorney in Venable’s Labor and Employment Group.