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For several years, the National Labor Relations Board (NLRB) has been grappling with a historic backlog of cases. A number of factors have contributed to this:
- Since late 2021 — fueled in part by the nationwide Starbucks unionization effort — there has been an explosion in union representation election petitions filed at NLRB Regions across the country. Because these cases receive high priority, they redirect resources from other matters, such as unfair labor practice charges.
- During the pandemic, the NLRB saw a wave of retirements. Its budget has also remained relatively flat, so it was not able to backfill many of those departures. That left the agency ill-prepared to handle the historic influx of election cases in addition to charges.
- Former NLRB General Counsel instituted several policies that impeded resolution of pending unfair labor practice charges, such as making it more difficult to defer and settle such cases. Because cases languished longer as a result of those policies, this greatly contributed to the backlog.
- Earlier this year, the NLRB announced new docketing procedures designed to help mitigate the growing backlog. Those efforts continue, as the agency just announced it is reallocating more than 3,000 charges from its busiest regions to others in an effort to make a dent in its case load. According to a press release, current NLRB general counsel Crystal Carey noted:
“My top priority has always been, and continues to be, ensuring that all parties receive prompt resolution of their cases. Following a comprehensive review of pending Unfair Labor Practice cases throughout the Agency, it became evident that the inability to timely adjudicate aging cases necessitated their redistribution across various regions. The Agency cannot effectively fulfill its mission if cases grow stale in Regional Offices lacking the necessary capacity for timely processing. Through this strategic approach, the Agency will be able to implement the National Labor Relations Act more efficiently and provide determinations to parties who have been waiting months, or even years, for resolution.”
These efforts are welcome news for any party with cases pending before the agency. From an employer's perspective, for example, the delay in processing a discharge case could mean many more months of back pay is accrued in the event merit to the allegations are found. Stay tuned to see how this all plays out.
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