As an update to our previous blog, on January 28, 2026, the National Labor Relations Board (“NLRB” or “the Board”) issued further guidance clarifying GC 26-01, explaining that the new docketing protocol is intended only as a practical adjustment to improve efficiency and is not meant to alter the evidentiary burden of Charging Parties nor the standard for dismissal of charges. The guidance appears to have been promulgated unprompted – after it was reported on and distributed widely by Bloomberg News – which may indicate that the Board’s updated protocol created uncertainty and incurred some degree of pushback.
According to the Board’s press release, the Charging Party has always been required to provide relevant information about an unfair labor practice charge after it has been filed. Historically, the Board initiated that process by having an assigned investigator reach out directly to the Charging Party typically via phone call or email exchange. Under the new protocol, however, the Charging Party must automatically provide the same information rather than wait for a request from an investigator. Regional Offices have been instructed to exercise flexibility and grant Charging Parties additional time when needed.
Although the protocol does not alter any substantive obligations of the Charging Party, it requires the Charging Party to submit a formal electronic filing. While the applicable burdens and standards remain the same, the onus of a more rigid and formalized procedure for Charging Parties may, in practice, result in fewer charges being filed and more dismissals at early stages.
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