The New NLRB “Screening” Phase Increases Risk of Summary Dismissal

The National Labor Relations Board (NLRB) has implemented a significant shift in how it handles unfair labor practice (ULP) charges, expanding on additions to the case handling processes implemented during the Biden administration. Faced with a perfect storm of staffing shortages, a government shutdown and a massive case backlog, the agency has introduced a new intake system to help it ease the pressure of a backlog of over 600 ULP charges filed in recent months.

How the New Intake System Works

Under the previous system, new ULP Charges were typically assigned directly to an NLRB Agent for investigation. Now, cases enter a holding pattern designed to filter out unsupported claims before agency resources are spent.

• The Unassigned Case List: New charges are placed on an unassigned list rather than being immediately handed to an NLRB Investigator.
• The 14-Day Deadline: Charging Parties (unions or individual workers) must submit supporting documentation—including a timeline of events and a list of witnesses—within two weeks of filing a charge.
• The “Specialist” Filter: Each NLRB Regional Office now designates an Unassigned Case List Specialist. This staffer reviews the preliminary evidence to determine if the ULP Charge has merit or should be “summarily dismissed” for noncooperation.
• Assignment for Investigation: Only after clearing these hurdles is a case assigned to an NLRB Agent, provided an agent is available to handle it in a timely manner.

The Critical Exceptions

Not all cases are subject to the waiting list. The agency maintains a “statutory priority” for specific allegations that require immediate action, typically involving:

• Existing Cases: Charges related to matters already under active investigation.
• Injunction-Related Charges: Allegations that could lead to court orders against unions, such as illegal strikes or picketing to force employer recognition.

Notably, these “statutory-priority” cases are rare, accounting for only 0.4% of the 18,000 ULP Charges filed in 2025.

What This Means for Practitioners

For unions and legal counsel, the message is clear: be trial-ready on day one. The days of filing an incomplete or “bare-bones” charge and waiting for an NLRB Investigator to help flesh out the facts are over. To avoid summary dismissal, charging parties must ensure their evidence, witness lists, and chronologies are prepared simultaneously with the filing of the charge.

If you have questions or need help navigating the new process, please contact Jill Lashay or Kellen Shearin.