ICYMI: NLRB Leadership Testifies Before Congress on Biden-Era Backlog

Last week, Chairman James R. Murphy and General Counsel Crystal S. Carey of the National Labor Relations Board testified before the House Committee on Education and Workforce’s Subcommittee on Health, Education, Labor, and Pensions.

In his opening statement, Chairman Murphy highlighted the Board’s progress in reducing its pending caseload alongside Board Members David Prouty and Scott Mayer.

“We have focused on the common initial goal of prioritizing the oldest cases, representation election cases, and what I have characterized as low-hanging fruit—or the more uncomplicated unfair labor practice cases before us. I’m pleased to say that by the end of last week, the Board reduced its pending caseload from 591 to 381 cases, despite the assignment of 150 newly arrived cases. In total, we have disposed of 352 cases in a five-month period. My goal is straightforward: to promote a Board that works—efficiently, expeditiously, and in a way that earns the confidence of employees, employers, and unions.”

General Counsel Carey likewise emphasized the significant progress made in reducing the Agency’s historic case backlog since taking office.

“Our dedicated employees have been working full-throttle to get our house in order. I’m proud to share that since I took office, despite understaffing, our incredible employees have completed the investigation of 7,066 cases that were pending as of January 7 and achieved a nearly 40 percent reduction in the number of cases awaiting determination in a Regional Office when I was sworn in. Moreover, between January 7 and June 2 of this year, we processed 13,006 cases, compared to 12,491 new filings, reducing the backlog by 515 cases—an average of approximately 108 cases per month.”

Carey told the Subcommittee that these reductions are largely attributable to improvements in case-handling practices and increased support for Regional Directors as they facilitate reasonable settlements and move cases more efficiently through the system.

Despite this progress, both the Chairman and General Counsel acknowledged operational challenges that continue to affect the Agency’s ability to reduce the backlog more quickly and efficiently. Chairman Murphy noted the limitations of operating with only three Board Members and emphasized the need for additional Board Members to ensure the timely adjudication of cases, while General Counsel Carey expressed concerns about shortages of staff in the field.

A recording of the hearing is available here.