Slowed case handling at the backlogged National Labor Relations Board is sapping unfair labor practice charges of the leverage they once provided unions, particularly in bargaining disputes and other time-sensitive matters, attorneys said.
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Daniel Sobol, a partner at management-side firm Blank Rome LLP, said he's also noticed the board become less prompt. When his clients were hit with unfair labor practice charges years ago, the board would contact them promptly, necessitating quick investigations. Now, it often takes several months for the board to issue a letter requesting the employer's evidence, Sobol said.
This delay presents a mixed bag for employers, he said. While longer case timelines prolong the uncertainty for the business, they also allow it more time to get the details together.
"It's less of an administrative burden," Sobol said. "It allows us to do a more thorough and more reasoned investigation, and potentially get a more fulsome and better response into the government."
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"Labor Litigation Losing Potency as NLRB Cases Drag," by Braden Campbell was published in Law360 Employment Authority on June 16, 2026.