Early NLRB General Counsel Communications Emphasize Case Processing Over Immediate Precedent Shifts

By Melissa Sobota and R. Jason Patterson - Franczek P.C.

February 6, 2026

As covered in our prior alert, the NLRB recently returned to full operational capacity following confirmations that restored a quorum and installed a new General Counsel. Two recent agency communications provide early insight into how the General Counsel’s office may approach case handling and enforcement priorities. While neither announces sweeping legal changes, both suggest an initial emphasis on operational efficiency and backlog reduction rather than an immediate shift in enforcement priorities.

NLRB Clarifies Updated Charge Intake / Docketing Process

The NLRB’s Office of Public Affairs issued a short announcement addressing reports that suggested the agency’s updated internal docketing protocol imposed new burdens on charging parties or would result in more frequent dismissals.

The memo clarified the updated protocol:

- Does not require new categories of information from charging parties;
- Does not change dismissal standards;
- Does not make filing a charge more difficult; and
- Is intended solely to improve case processing efficiency by ensuring essential information is gathered at the outset rather than months later when a Board agent first reviews the file.

The agency emphasized that regional offices will continue to exercise flexibility regarding deadlines and that cases will still be dismissed only for reasons they have always been dismissed (e.g., failure to cooperate or failure to present evidence of a credible claim). Overall, the communication frames the update as an administrative refinement to reduce case backlog rather than creating a new procedural hurdle.

New General Counsel Declines to Issue Traditional “Priority” Memo

On the same day, General Counsel Crystal Carey released Memorandum GC 26-02, breaking from the longstanding practice of newly appointed General Counsels issuing a memo establishing enforcement priorities and identifying categories of cases for potential reconsideration.

Instead, the memo instructs regional offices to continue submitting matters on the established list of required topics to the General Counsel’s office, including novel legal theories and issues lacking controlling Board precedent. The memo also previews forthcoming operational guidance on case processing, settlements, and remedies intended to promote greater consistency across regions.

What These Developments May Signal

While it is too early to draw firm conclusions, these communications suggest the General Counsel’s initial focus is on process rather than precedent shifts (for now). This does not rule out revisiting prior precedents, but it suggests the near-term focus is administrative stabilization and case-processing efficiency.

We will continue to monitor developments.

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