Clarification Regarding Recent Coverage of the NLRB’s Updated Docketing Protocol

Recent articles discussing the National Labor Relations Board’s updated internal docketing protocol have reflected a general misunderstanding of the basis for adopting these changes. The agency is committed to ensuring that the public has accurate information about how and why the internal protocol was revised.

The updated internal protocol does not require charging parties to provide new categories of information or impose substantive burdens beyond prior practice. The information requested at intake is the same information that Board agents have always required at the beginning of an investigation. 

The purpose of the new internal protocol is to improve efficiency and reduce delays caused by assigning cases to Board agents who are already managing significant caseloads and may not be able to begin new investigative work for months. Under the prior system, agents often received charges with incomplete information and were required to conduct extensive follow-up before any evidence was collected or meaningful investigative steps could occur. This contributed to growing backlogs and slowed case processing across the agency.

By ensuring that essential information is collected at the time the charge is filed, the updated internal protocol allows the agency to make better use of limited investigative resources. When a Board agent reviews the case for the first time, there will already be an organized body of evidence ready for review. This enables the agent to focus the investigation promptly and effectively, improving timeliness for all parties involved.

The two-week deadline for responding to preliminary information requests under the updated protocol is fully consistent with longstanding agency practice. Regional offices have historically exercised flexibility when parties need additional time to gather documents or prepare statements, and that practice continues unchanged.  The standard for the dismissal of a case has not changed. If the charging party does not cooperate, does not present evidence establishing a credible claim, or refuses to provide relevant information the case will be dismissed just as it always would have been dismissed.

The Office of the General Counsel remains committed to fair, efficient, and transparent casehandling. The updated internal docketing protocol is a practical measure designed to support that mission and to ensure that investigations proceed as quickly and effectively as possible once an agent is able to begin work. "This is one of many forthcoming operational changes aimed at achieving quicker resolutions for all parties involved in the NLRB process. I commend Acting Associate General Counsel of the Division of Operations-Management for his initiative in updating our internal protocol regarding the initial steps of an unfair labor practice investigation," stated General Counsel Carey.

Q&A: Updated NLRB Internal Docketing Protocol

Q1: Does the updated internal protocol require charging parties to provide more information than before?

A: No. The updated internal protocol requests the same information that Board agents have always required. 

Q2: Why did the NLRB adopt this updated internal protocol?

A: The update improves efficiency by ensuring that cases are not assigned to Board agents who are already carrying heavy caseloads and may not be able to begin new investigations for months. Collecting information earlier helps reduce delays and backlogs.

Q3: Is the two-week deadline for responding new?

A: No. A two-week response period has been standard practice for many years. 

Q4: Will cases be dismissed more frequently under the new protocol?

A: No. The standard for the dismissal of a case has not changed. If the charging party does not cooperate, does not present evidence establishing a credible claim, or refuses to provide relevant information the case will be dismissed just as it always would have been dismissed.

Q5: How does the new protocol help investigations move faster?

A: When a Board agent has additional case capacity, they will already have evidence to review when they are assigned the case. This allows them to begin work immediately, without further delay, and focus the investigation more effectively.

Q6: Does this change make it harder to file a charge?

A: No. The filing process is unchanged.  The updated internal protocol simply ensures that essential information is gathered in advance of the assignment of the case to a Board agent so investigations can proceed more efficiently once assigned.

Q7: Is this change related to recent case surges or staffing constraints?

A: The updated internal protocol helps the agency manage workload more effectively in periods of high filings or limited staffing, but its purpose is broader: to improve the overall timeliness and quality of investigations.