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NLRB Clarifies Early-Evidence Intake Protocol for Unfair Labor Practice Cases

The agency characterizes the e-filing requirement as a procedural fix to relieve a backlog driven by limited investigative capacity.

Overview

  • Charging parties must submit within two weeks a timeline of events, relevant documents, and a witness list with contact details and expected testimony, with failure to cooperate risking dismissal.
  • New charges are placed on an unassigned case list until the initial materials are received and an investigator has capacity to begin work.
  • Board officials say the intake request mirrors information historically gathered at the start of investigations and does not change evidentiary burdens or dismissal standards.
  • Regional offices have been directed to grant additional time when warranted to meet the early submission step.
  • The protocol applies to charges filed after October 1, 2025, excludes existing matters and certain statutory-priority cases, and observers note earlier screening could lead to more early dismissals in practice.