May 10, 2021

Volume XI, Number 130

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May 10, 2021

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May 07, 2021

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Kicking It Into Gear: NLRB Continues Improving Case Processing Statistics

The National Labor Relations Board (NLRB) recently released its case processing statistics for FY 2020. The Board has reported favorable numbers for the second year in a row, reflecting the agency’s continued focus on processing cases in a timely manner.

According to the NLRB press release:

“The Board issued 374 decisions in contested cases during FY 2020. Consistent with the case expediting program begun in September 2018, the Board has continued its commitment to improving case processing to better serve the parties and the American public. Under the program, the Board's focus in FY 2020 was on issuing decisions in the oldest pending cases. As a result of those efforts, the median age of all cases pending before the Board was reduced from 157 days at the end of FY 2019 to 85 days at the end of FY 2020, a 46% reduction. The number of cases pending before the Board is at its lowest level in over 40 years.”

The Regional Offices also made strides in decreasing case processing time. The overall time from filing to disposition fell from 90.0 to 73.8 average days, an 18 percent decrease since the end of FY 2018. The time for informal settlements to disposition of an unfair labor practice cases fell from 172.6 to 136.3 average days, a 21 percent decrease since the end of FY 2018. The Regional Offices also posted a settlement rate of 96 percent in FY 2020, resolving 4,666 cases prior to issuing a complaint and 570 cases post-complaint. The Division Advice, which provides guidance to the agency’s Regional Offices, closed 233 more cases in FY 2020 than in FY 2019.

The NLRB seems to be staying true to its strategic plans to reduce case processing and streamline processes. NLRB Chairman John F. Ring echoed this sentiment in the press release, stating “[o]ne of the most important responsibilities the Board has in fulfilling its mission is to get parties their decisions as soon as possible.” Employers can expect this trend to continue and should be prepared for a faster-moving process in the future.

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© 2021 BARNES & THORNBURG LLPNational Law Review, Volume X, Number 318
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About this Author

Associate

A detailed-oriented and strategic thinker, Colleen Naumovich is committed to helping her clients navigate the ever-changing field of labor and employment law, understand how the laws affect every facet of their business, and implement best practices.

Colleen brings focus and dedication to assisting her employer clients with various workplace and employee needs they have. She conducts legal research and drafts memoranda, motions, and positions statements to the National Labor Relations Board. She also helps clients prepare for trial by reviewing depositions and providing summaries of...

317-231-6408
David J. Pryzbylski, Barnes Thornburg Law Firm, Indianapolis, Labor Law Attorney
Partner

David concentrates a large portion of his practice on assisting employers with traditional labor matters. His deep experience includes collective bargaining, work stoppages, arbitrations, union avoidance training and strategies, union representation elections, unfair labor practice charges, contract administration, and various other labor relations issues.

David has helped companies secure favorable outcomes with labor issues around the country. He has experience with numerous labor unions, including the Steelworkers, Teamsters, Laborers, Sheet...

317-231-6464
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