At the end of 2025, Acting General Counsel for the National Labor Relations Board (NLRB)—William B. Cowen—issued a memorandum (GC 26-01) to all Regional Directors that introduces new requirements for any unfair labor practice charges filed after October 1, 2025.
Designed to address a worsening “backlog of cases and decreasing staffing levels in Regional Offices,” the new procedures appear to be welcome news for employers. Under these new procedures, a charging party will need to electronically file the following information within two (2) weeks of filing a charge:
- 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);
- Relevant documentation related to the allegations in the charge as well as supporting communications and documents such as letters, emails, text messages, phone records, etc.; and
- A list of the witnesses you intend to present, their contact information (email and phone) and a brief summary of each witness’s testimony.
According to the recent memo, a failure by the charging party to provide the above-stated evidence or otherwise respond by the due date may result in dismissal of the charge for lack of cooperation.
The memo contains additional provisions regarding the assignment of charges to Board agents and new processes—based primarily on staffing capacity—that will apply to how and when charges are addressed.
Do not hesitate to contact a member of our Labor & Employment Team with any questions or needs you may have as it relates to this new, positive development within the NLRB.
