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Most labor relations professionals know that the National Labor Relations Board (NLRB or Board) changes its view on national labor policy whenever we see a change in administration. Some may not realize, however, that in addition to seeing shifts in terms of precedent, everyday processes in terms of how the agency handles cases change as well. For example, former NLRB General Counsel Peter Robb launched an initiative during his tenure to quicken the pace for processing Board charges.
Now that we have a quorum and new General Counsel, Crystal Carey, it appears a pretty significant process change is already underway.
According to a recent report from Bloomberg Law (New NLRB Intake Protocol Delays When Investigations Get Assigned), the agency is using a new protocol to screen incoming charges such that they must clear certain procedural hurdles before they are formally assigned for investigation. The new process is being implemented to address an increasing backlog and ongoing staffing shortages. The article notes some specifics:
"The new intake protocol for unfair labor practice charges incorporates some Biden-era changes intended to increase efficiency and moves them earlier in the process. These include requesting evidence and other information from charging parties, and screening charges for possible summary dismissal."
"Instead of being assigned to a board agent for investigation, new charges are sent to an unassigned case list pending a charging party's submission of supporting documents, such as a timeline of events and a list of witnesses. Failure to provide that information within two weeks can result in a charge being tossed for noncooperation."
In short, according to the report, if a party filing a charge fails to submit some evidence supporting their charge early in the process, the charge will be dismissed. This could have the effect of ensuring only valid charges are filed. We'll see how it impacts the workload of the agency as the year unfolds. In the meantime, any companies out there considering filing charges against a union (yes, that does happen!) should be cognizant of the new requirements.
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