NLRB Clarifies Updated Internal Docketing Protocol Aims to Improve Case Timeliness, Not Change Filing Requirements

• GoalNLRB says updated protocol aims to speed investigations and reduce backlogs

Key takeaways

• The updated internal docketing protocol does not require charging parties to provide new categories of information beyond prior practice.
• Information requested at intake is the same as what Board agents have historically required at the start of an investigation.
• The protocol is intended to reduce delays by avoiding assignment of cases to agents who cannot begin new investigations promptly.
• Collecting essential information at filing aims to provide an organized body of evidence when a case is assigned, enabling faster investigative work.
• A two-week deadline for responding to preliminary information requests is consistent with longstanding agency practice.
• The standard for dismissing a case has not changed; lack of cooperation or failure to present evidence still supports dismissal.
• Regional offices will continue to exercise flexibility when parties need more time to gather documents or prepare statements.

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