NLRB Backlogs Grow as Unfair Labor Practice Cases Slow

America’s Work Force Union Podcast welcomed back labor lawyer and Brooklyn Law School professor Andrew Strom, who discussed why the National Labor Relations Board (NLRB) is facing a compounding operational crisis. Staffing levels have fallen sharply over the past decade, a recent government shutdown created a work deficit that cannot be easily recovered, and new intake procedures are extending the time it takes for unfair labor practice charges to gain traction, he explained.

For unions and workers, the immediate concern is practical, not abstract. Delays can weaken bargaining leverage, slow the remediation of unlawful conduct and make it harder to secure timely witness statements before employer pressure escalates. Strom argues the solution is straightforward: fund the agency at a level that matches its statutory mission, so the National Labor Relations Act (NLRA) can be enforced with speed, consistency and credibility.

• NLRB delays can directly weaken organizing and bargaining by slowing early employer contact and reducing the chance of quick corrective action.
• Staffing reductions drive backlogs, lost work time due to a prolonged shutdown and unfilled vacancies, which deepen the case pileup.
• Adequate funding is a low-cost, high-impact fix relative to the agency’s national role in protecting workers’ rights.

The NLRB was created to enforce a foundational promise of the NLRA: workers have the right to organize, bargain collectively and engage in protected concerted activity without retaliation. But on the America’s Work Force Union Podcast, labor lawyer Andrew Strom warned that the agency’s ability to deliver timely enforcement is being strained by staffing losses, operational disruptions and new case-processing policies that slow the earliest stages of unfair labor practice investigations.

Strom, a contributor to OnLabor.org and an adjunct professor at Brooklyn Law School, framed the issue in terms that unions will recognize immediately. The NLRB is not simply an adjudicatory body. It is often the first institutional point of contact when an employer refuses to bargain, withholds information or retaliates against workers for organizing. When that first contact is delayed, the consequences can ripple through a campaign or contract fight.

NLRB Staffing Cuts and NLRA Enforcement Capacity

Strom pointed to a long-running staffing decline that has left the agency with fewer people to do more work.

He cited reductions that, in his accounting, amount to a significant drop from staffing levels a decade ago. The result is an enforcement system with fewer field staff available to investigate charges, take affidavits, evaluate evidence and move cases toward settlement or litigation.

For unions, the practical effect is familiar: longer waits for initial outreach, slower investigations and delayed remedies. For workers, it can mean that an unlawful discharge or coercive conduct remains unaddressed while an organizing drive loses momentum.

NLRB Backlog After the Government Shutdown

Strom also emphasized the operational damage caused by a prolonged government shutdown.

A shutdown does not merely pause work. It creates a backlog that cannot be erased by asking staff to work twice as fast once the lights come back on. Cases continue to arrive, deadlines shift, and parties still need guidance. When the agency returns, it is forced to triage, often prioritizing the most urgent matters while routine charges wait longer.

In labor relations, time is not neutral. A delay can change the balance of power, especially when workers are trying to hold an employer accountable in real time.

NLRB General Counsel Policy Slows ULP Intake

Strom described a change in how new unfair labor practice charges are processed.

Historically, unions could expect a relatively quick assignment of a board agent after filing a charge. That early assignment mattered for two reasons. First, it allowed the charging party to communicate urgency and push for prompt action when circumstances required it. Second, the NLRB contact could influence employer behavior, particularly in disputes over bargaining information or ongoing interference.

Under the newer approach described in the program, the agency delays assignment for a set period and requires the charging party to submit an initial evidence outline before a case is staffed. In theory, this may be intended to manage workload. In practice, Strom said, it extends the time before the agency is actively engaged.

For unions that regularly file ULPs, the change can be felt immediately: a charge that once triggered near-term movement may now sit longer before any meaningful interaction occurs.

Unfair Labor Practice (ULP) Timing and Union Leverage

Strom used a common scenario to illustrate why speed matters.

In bargaining, a refusal to provide information can stall negotiations. A ULP charge is often the primary legal lever available to compel compliance. When the NLRB moves quickly, it can help restore the bargaining process before delays harden into a pattern.

Even when the agency cannot deliver instant relief, early steps matter. Prompt assignment, initial employer contact and early evidence gathering can prevent a dispute from expanding.

Strom’s point was not that the NLRB should operate without due process. It is that enforcement must be timely enough to be meaningful.

Witness Statements, Employer Pressure and Case Quality

Beyond bargaining leverage, Strom highlighted another operational reality: evidence can evaporate.

Workers may be willing to give statements soon after an incident, when memories are fresh, and confidence is higher. Over time, fear can grow. Employer pressure can intensify. Co-workers can be isolated. In that environment, delays can reduce the quality and quantity of evidence available to investigators.

For unions, this is a strategic concern. The longer it takes to get workers on the record, the more difficult it becomes to build a strong case, and the more likely it is that unlawful conduct goes unremedied.

Justice Delayed, Justice Denied Under the NLRA

Strom described the situation in a phrase that resonates across labor law: justice delayed can become justice denied.

The NLRA’s protections depend on credible enforcement. If remedies arrive months later, after a campaign has collapsed or a bargaining unit has been chilled, the legal victory may not restore what was lost.

That is why unions often emphasize both speed and fairness. A system that moves too slowly can unintentionally reward unlawful tactics.

Public Cost and the Case for Funding

Strom argued that the funding required to run the NLRB effectively is modest relative to its national mission.

He framed the agency’s budget request as a small per-person cost when spread across the population. The implication is clear: the barrier is not feasibility. It is political will.

For labor, the policy takeaway is straightforward. If lawmakers want the NLRA to function as intended, the NLRB must be staffed and resourced to investigate charges promptly, litigate when necessary and provide timely remedies.

What Unions Can Expect in NLRB Case Processing

In the near term, unions should anticipate a slower, more congested process for ULP charges, particularly at the intake and assignment stage.

That reality may require tactical adjustments:

• Filing charges with clearer initial documentation to reduce back-and-forth
• Securing witness statements early, before intimidation escalates
• Coordinating internal timelines so that the bargaining strategy accounts for enforcement delays
• Tracking regional office responsiveness and building relationships with field staff

The larger question remains whether the agency will be given the resources and operational direction needed to fulfill its mandate.

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