Increase in Dismissals of Unfair Labor Practice Charges at NLRB
Dismissals of unfair labor practice charges have significantly increased at the National Labor Relations Board (NLRB) during the administration of President Trump, according to a recent analysis.
Between January 2025 and April 29, 2026, the NLRB dismissed 34.7% of all unfair labor practice charges filed by labor unions, marking a 14.2% rise compared to 2024. Additionally, the agency dismissed 67.4% of unfair labor practice charges filed by individual workers, which is 10.7% higher than the previous year.
Factors Contributing to Increased Dismissals
The Center for American Progress conducted an analysis of over 40,000 cases and identified several contributing factors to this trend since Trump began his second term in office.
One major issue was the absence of a quorum at the National Labor Relations Board, which lasted for 345 days following the departure of Gwynne Wilcox, the first Black woman to serve on the board. This lack of quorum impeded the board’s ability to issue decisions.
Labor attorneys have reported that unfair labor practice charge cases are frequently dismissed due to technical issues or glitches within the agency’s docketing system.
According to a Bloomberg report in February 2026, the regional offices of the labor board are understaffed by 23%, a situation exacerbated by continued budget cuts from Congress.
In 2025, the agency experienced significant workforce reductions when several employees left and only eight new workers were hired, resulting in a loss of over 10% of the workforce and leading to backlogs in case processing.
Impact on Union Activity and Case Handling
Under the Trump administration, union election filings increased in 2025, coinciding with efforts to cancel collective bargaining agreements affecting more than 1 million federal workers.
The shift in case dismissals coincides with the appointment of Crystal Carey as the NLRB’s general counsel in February 2026. Carey, a former attorney at a union avoidance law firm, has emphasized resolving cases through settlements rather than litigation.
Additionally, the agency implemented changes to case handling procedures in December 2025. The new intake protocols require charging parties to submit substantial evidence with supporting documents within two weeks of filing a charge, making it easier for charges to be dismissed.
Concerns from Labor Advocates
“Workers who are trying to organize unions already really face an uphill battle because employers, they really get away with a slap on the wrist, even when they do break the law. These increases in dismissals are a really worrying sign for organizers who depend on the NLRB to be able to enforce these laws,” said Aurelia Glass, policy analyst for the American Worker Project at the Center for American Progress and author of the analysis.
“The procedural changes at their core make it easier for charges to be dismissed. That’s really what they do,” added Glass. “Workers who are organizing unions really depend on fair enforcement of these labor laws to make sure that their rights are being protected.”
Agency Response
The National Labor Relations Board declined to comment on the findings and analysis.
