On December 23, 2025, in one of his final acts in the role, then National Labor Relations Board (“NLRB” or the “Board”) Acting General Counsel (“Acting GC”) William B. Cowen quietly released General Counsel Memorandum GC 26-01, modifying the procedure for processing unfair labor practice charges filed after October 1, 2025.
Acknowledging the severe backlog for processing new charges caused by staffing issues at the Board and the 43-day government shutdown last year, GC 26-01 implements two substantial changes concerning the initial submission of evidence and the unfair labor practice charge assignment process.
First, the Charging Party will be required to submit detailed factual support for their charge within two (2) weeks, that includes:
Next, in a change from long-standing protocol, Regions will not assign a Board Agent to investigate the charge until this evidence is submitted and reviewed to determine if an investigation should occur or whether the case should simply be dismissed at this initial stage. This change will not impact “statutory priority” cases like secondary boycotts, work assignment and jurisdictional disputes, and recognitional picketing cases. Critically,...
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