On January 6, 2025, NLRB General Counsel Jennifer Abruzzo issued Memo GC 25-03, announcing updates intended to improve the agency’s case-handling processes. These changes aim to enhance efficiency, accessibility, and transparency while addressing challenges posed by increased caseloads and limited resources.
Key Changes Already Implemented
To streamline case handling, the following procedures are now in effect:
- Upfront Evidence Requests: Charging parties must provide evidence, witness lists, and timelines early in the process. Delays in submitting evidence could result in charge dismissal.
- Written Questionnaires: Standardized questionnaires are being used to clarify issues upfront in common case types, such as the duty of fair representation and bad faith bargaining.
- Videoconferencing for Interviews: Interviews and affidavits are increasingly conducted via videoconference for non-local participants, with in-person options reserved for exceptional cases.
- Streamlined Testimony Collection: Interview notes now replace formal affidavits for corroborating witnesses unless affidavit testimony is deemed necessary.
- Early Screening of Cases: Regions actively screen and dismiss meritless charges or those outside NLRB jurisdiction, absent withdrawal.
- Proactive Engagement: Regions are initiating earlier contact with charged parties to educate them on the NLRA and explore potential resolutions before formal investigations begin.
- Efficient Trial Practices: Trial attorneys are encouraged to prioritize verbal closing arguments, request bench decisions, and submit concise letter briefs instead of traditional post-hearing briefs.
Upcoming Changes: Transparency and Privacy
The memo also highlights forthcoming updates focused on improving public access to case information while protecting sensitive data:
- Anonymized Case Captions: In public-facing case captions, individual names will be replaced with generic designations like “Charging Party, an Individual.” Necessary names will remain within case documents.
- Public Hearing Schedules: Hearing dates will be published on NLRB docket sites, and additional details will be available through regional offices.
- Expanded Document Availability: Key documents, such as dismissal letters, Regional Director Orders, compliance notices, and subpoena enforcement records, will be publicly accessible online. Personally identifiable information (PII) will be redacted to protect privacy.
