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On May 6th, the National Labor Relations Board (NLRB) and NLRB General Counsel Crystal Stowe Carey announced the bulk transfer of thousands of labor practice cases. Specifically, this action fulfills an initiative signed by the NLRB General Counsel earlier this year. Overall, the initiative addresses the agency’s backlog of cases pending in various NLRB Regional Offices since January 7th, 2026. Previously, in March 2026, the NLRB updated its interpretation of the federal Joint Employer standard by reverting to the 2020 version of the rule.
What Is the National Labor Relations Board (NLRB)?
The NLRB is an independent federal agency created in 1935. Specifically, the agency can safeguard employees’ rights to:
- organize,
- engage with one another to seek better working conditions,
- choose whether or not to have a collective bargaining representative negotiate on their behalf with their employer, or
- refrain from doing so.
Additionally, the NLRB prevents and remedies unfair labor practices committed by private-sector employers and unions. It also conducts secret-ballot elections regarding union representation. It consists of a five-person Board and the NLRB General Counsel. The President and the United States Senate appoint and confirm the Board Members and the General Counsel. Markedly, the NLRB and the General Counsel function under the National Labor Relations Act (NLRA), specifically, Section 7.
Employee Rights Under Section 7 of the NLRA
According to the NLRA, both union and non-union employees have the right to engage in concerted activity whereby two or more employees act for their mutual aid regarding the terms and conditions of their employment. Examples of such concerted activity include:
- talking about wages and benefits;
- petitioning for better hours;
- concerted refusal to work amidst unmitigated workplace safety hazards; and
- talking with the employer, government agency, or the media about problems in the workplace.
Under Section 7, employers may not interfere with, restrain, or coerce employees in the exercise of their rights under the NLRA. For example, the NLRA protects employees from adverse employment action for engaging in protected concerted activity.
What Occurred Under this Transfer?
In general, the initiative created by the NLRB General Counsel included the bulk transfer of approximately 3,500 cases. These unfair labor practice cases have been sitting as “pending” since January.
Overall, select cases from Regions 2, 5, 7, 8, 9, 13, 15, 16, 22, 28, and 31 were transferred to balance the aging cases across all regions nationwide. Comparatively, this action is consistent with a memo issued earlier this year by NLRB General Counsel Carey, GC 26-02. In that memo, Carey underscored the importance of prioritizing agency operations in the future and ensuring fair and timely case resolutions. As of May 6, all transferred cases were assigned to available agents when the receiving region has the capacity to process the charge promptly. That same action will continue.
Quote from NLRB General Counsel Crystal Stowe Carey
“My top priority has always been, and continues to be, ensuring that all parties receive prompt resolution of their cases. Following a comprehensive review of pending Unfair Labor Practice cases throughout the Agency, it became evident that the inability to timely adjudicate aging cases necessitated their redistribution across various regions. The Agency cannot effectively fulfill its mission if cases grow stale in Regional Offices lacking the necessary capacity for timely processing. Through this strategic approach, the Agency will be able to implement the National Labor Relations Act more efficiently and provide determinations to parties who have been waiting months, or even years, for resolution."
Employer Takeaways
In conclusion, the NLRB wants interested entities to be aware of a couple of important facts. During the transfer, case numbers did not change, and only cases not previously assigned to NLRB agents were included. All affected parties will receive notification if their cases are transferred to another region for processing. Finally, transfer orders will include updated regional contact information for parties in case they have any questions. For more information about the recent actions taken by the NLRB General Counsel, you can email the agency at [email protected].
To avoid unfair labor practice charges, businesses must ensure that their employment processes and workplace policies do not violate Section 7 of the NLRA. WorkWise Compliance now offers a selection of monthly and annual compliance plans to help businesses address their legal obligations under workplace laws, including virtual consulting services on important labor law compliance topics. These services can help affected businesses address current and proposed NLRB regulations on proper labor practices.
