In the final days of 2025, acting National Labor Relations Board (NLRB or Board) Acting General Counsel William B. Cowen issued Memorandum GC 26-01, establishing a “New Agency Wide Docketing Protocol” for unfair labor practice charges under the National Labor Relations Act.
Citing a backlog of cases due to the 43-day government shutdown, Mr. Cowen’s memorandum requires anyone filing an unfair labor practice charge (typically employees bringing charges against employers) to provide the following within two weeks of filing a charge:
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A chronological outline or timeline of the relevant sequence of events and exchanges (verbal and in-person communications) related to the charge allegations (including the names and titles of any involved Union and/or Employer representatives);
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Relevant documentation related to the allegations in the charge, as well as supporting communications and documents such as letters, e-mails, text messages, phone records, etc.; and
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A list of the witnesses intended to be presented, their contact information (e-mail and phone), and a brief summary of each witness’s testimony.
The Memorandum also establishes processes to ensure that charging parties are fully aware of the new requirements and can obtain timely answers to any questions.
This is a welcome change for all employers, as unfair labor practice charges are not limited to employers with a unionized workforce. Before this vetting process, employers often devoted significant resources to responding to frivolous allegations. Due to this shift, charges are already being dismissed because employees are unable to meet the two-week deadline for background information.
Trump nominee Crystal S. Carey was sworn in as Mr. Cowen’s replacement on January 7. Employers can expect the Board to revisit and overrule major Biden-era Board decisions.
For more information contact Employers Council at info@employerscouncil.org.
Curtis Graves, Esq., is a Labor Relations and Employment attorney with Employers Council