NLRB Redistributes Thousands of Cases: What Employers Should Expect Next

The National Labor Relations Board (NLRB or Board) recently moved to address its longstanding case backlog by announcing the redistribution of approximately 3,500 unfair labor practice (ULP) cases across its nationwide network of regional field offices. While the NLRB frames this move as a practical necessity, the reshuffling has important implications for employers navigating union-related disputes.

Why the NLRB Is Redistributing Cases

The transferred cases originate from several high-volume regions, including large cities such as New York, Chicago, Los Angeles, and Phoenix, which the Board has acknowledged are operating well beyond capacity. According to the NLRB, only cases that had not yet been assigned to investigators were moved, with the goal of preventing disputes from “growing stale” due to staffing and resource constraints.

This action is part of a broader initiative led by NLRB General Counsel Crystal Carey to reduce a backlog that exceeded 16,000 pending cases earlier this year. By reallocating unassigned matters to NLRB regional offices with greater capacity, the Board hopes to issue more timely determinations—sometimes to parties that have been waiting months or even years.

The Bigger Picture: Staffing Challenges and Case Volume

The backlog is not new. Over the past several fiscal years, the NLRB has consistently received more than 22,000 new cases annually, while staffing levels have lagged behind historical norms. As a result, delays in investigations, settlement discussions, and litigation decisions have become commonplace.

To address these pressures, the Board has adopted several operational changes beyond redistributing cases. These include:

• Requiring more evidence to be submitted upfront with ULP charges.
• Centralizing certain internal functions, such as drafting representation-case decisions.
• Dismissing a higher volume of charges that lack sufficient merit—over 7,300 dismissals in calendar year 2025, the highest total in nearly a decade.

Together, these steps suggest a more selective, efficiency-driven enforcement approach.

What This Means for Employers

For employers, the redistribution initiative presents both risks and opportunities:

• Faster Movement on Dormant Cases: Employers with pending ULP charges may see renewed activity as cases land in regions with available investigators.
• Less Predictability: Cases may now be handled by offices on regions unfamiliar with the local labor climates or industry norms in which the ULP emanated, potentially affecting investigative tone or settlement posture.
• Increased Front-End Scrutiny: With stricter intake requirements and a demonstrated willingness to dismiss weak claims, well-prepared employer submissions can be decisive early in the process.

Key Takeaways

Employers should assume that delayed NLRB cases will not remain dormant indefinitely. This is an opportune moment to audit open cases, update witness availability, and reassess litigation or settlement strategies. As the Board works aggressively to reduce its backlog, management-side preparedness – and early strategic engagement – will matter more than ever. This also represents an opportunity for employers to retain or consult labor and employment counsel to discuss and evaluate any open NLRB cases.

If you have pending NLRB matters, Obermayer’s experienced Labor & Employment attorneys can help evaluate open cases, reassess strategy, and prepare for renewed agency activity.

The information contained in this publication should not be construed as legal advice, is not a substitute for legal counsel, and should not be relied on as such. For legal advice or answers to specific questions, please contact one of our attorneys.