Clarification Regarding Recent Coverage of the NLRB’s Updated Docketing Protocol

Recent articles discussing the National Labor Relations Board’s updated internal docketing protocol have reflected a general misunderstanding of the basis for adopting these changes. The agency is committed to ensuring that the public has accurate information about how and why the internal protocol was revised. The updated internal protocol does not require charging parties to provide new categories of information or impose substantive burdens beyond prior practice. The information requested at intake is the same information that Board agents have always required at the beginning of an investigation. The purpose of the new internal protocol is to improve efficiency and reduce delays caused by assigning cases to Board agents who are already managing significant caseloads and may not be able to begin new investigative work for months. Under the prior system, agents often received charges with incomplete information and were required to conduct extensive follow-up before any evidence was collected or meaningful investigative steps could occur. This contributed to growing backlogs and slowed case processing across the agency. By ensuring that essential information is collected at the time the charge is filed, the updated internal protocol allows the agency to make better use of limited investigative resources. When a Board agent reviews the case for the first time, there will already be an organized body of evidence ready for review. This enables the agent to focus the investigation promptly and effectively, improving timeliness for all parties involved. The two-week deadline for responding to preliminary information requests under the updated protocol is fully consistent with longstanding agency practice. Regional offices have historically exercised flexibility when parties need additional time to gather documents or prepare statements, and that practice continues unchanged. The standard for the dismissal of a case has not changed. If the charging party does not cooperate, does not present evidence establishing a credible claim, or refuses to provide relevant information the case will be dismissed just as it always would have been dismissed. The Office of the General Counsel remains committed to fair, efficient, and transparent casehandling. The updated internal docketing protocol is a practical measure designed to support that mission and to ensure that investigations proceed as quickly and effectively as possible once an agent is able to begin work. "This is one of many forthcoming operational changes aimed at achieving quicker resolutions for all parties involved in the NLRB process. I commend Acting Associate General Counsel of the Division of Operations-Management for his initiative in updating our internal protocol regarding the initial steps of an unfair labor practice investigation," stated General Counsel Carey. Q&A: Updated NLRB Internal Docketing Protocol Q1: Does the updated internal protocol require charging parties to provide more information than before? A: No. The updated internal protocol requests the same information that Board agents have always required. Q2: Why did the NLRB adopt this updated internal protocol? A: The update improves efficiency by ensuring that cases are not assigned to Board agents who are already carrying heavy caseloads and may not be able to begin new investigations for months. Collecting information earlier helps reduce delays and backlogs. Q3: Is the two-week deadline for responding new? A: No. A two-week response period has been standard practice for many years. Q4: Will cases be dismissed more frequently under the new protocol? A: No. The standard for the dismissal of a case has not changed. If the charging party does not cooperate, does not present evidence establishing a credible claim, or refuses to provide relevant information the case will be dismissed just as it always would have been dismissed. Q5: How does the new protocol help investigations move faster? A: When a Board agent has additional case capacity, they will already have evidence to review when they are assigned the case. This allows them to begin work immediately, without further delay, and focus the investigation more effectively. Q6: Does this change make it harder to file a charge? A: No. The filing process is unchanged. The updated internal protocol simply ensures that essential information is gathered in advance of the assignment of the case to a Board agent so investigations can proceed more efficiently once assigned. Q7: Is this change related to recent case surges or staffing constraints? A: The updated internal protocol helps the agency manage workload more effectively in periods of high filings or limited staffing, but its purpose is broader: to improve the overall timeliness and quality of investigations.

$1.2 Million Settlement Achieved in Peak Vista Community Health Centers, Case No. 27-CA-348024 et al.

January 26, 2026 On January 20, 2026, Region 27 approved an informal settlement, awarding a total of approximately $1.2 million dollars of backpay and frontpay (in lieu of reinstatement) to five doctors working at various facilities run by Peak Vista Community Health Centers (Respondent) in the Colorado Springs area. The award constituted 176% of the full backpay remedy. The Region alleged, in a complaint issued August 26, 2025, that the doctors were fired in July and August 2024 for collectively protesting and questioning the Center’s newly instituted requirement that they work additional hours without pay, and for their part in an initial organizing campaign with the Union of American Physicians and Dentists (UAPD). The complaint also alleged several threats made by Respondent and Respondent’s electronic surveillance of employees in response to their protected concerted and union activity. Thus, in addition to the monetary remedy, the Region secured a two-page notice posting which Respondent agreed to post physically and distribute electronically to its employees. The settlement resolves all the allegations in the complaint, which was set to go to hearing on January 26, 2026. Despite Respondent’s firing of the main union organizers, the UAPD was certified by the Regional Director of Region 27 as the majority representative of a unit of physicians, nurses and other healthcare professionals on January 13, 2025. A request for review of the certification by Respondent is pending before the Board, as are allegations of Respondent refusing to recognize and bargain with the UAPD.

NLRB Appoints Sylvester Giustino as Director of the Office of Congressional and Public Affairs

January 20, 2026 The National Labor Relations Board (NLRB) announces the appointment of Sylvester Giustino as Director of the Office of Congressional and Public Affairs. Giustino brings more than two decades of leadership in public affairs, government relations, and stakeholder engagement across federal, state, local, and tribal governments. As Director, Giustino will oversee strategic communications that inform workers, employers, unions, and the public about the NLRB’s mission and work, lead media relations and proactive outreach, and collaborate with Agency leadership to ensure timely and accessible public information. He will also strengthen partnerships with external stakeholders and sister agencies to broaden public understanding of the National Labor Relations Act and the Board’s processes. General Counsel Crystal Carey stated, “Sylvester comes to us with a wealth of knowledge including 20+ years of experience advising senior government officials, developing legislative and regulatory strategy, congressional engagement and media communications. I am confident that he will be an asset to the Agency as we move forward.” Giustino most recently served as Director of Intergovernmental Relations in the U.S. Department of Labor’s Office of Congressional & Intergovernmental Affairs, advising Department agencies on state, local, and tribal issues, leading policy development, and serving as the Department’s senior official for consultation with all 574 federally recognized Tribal governments. Previously, he founded Forza 151 Strategies, a government relations consulting group. As President and CEO, he advised clients on federal appropriations, regulatory strategy, and public affairs. He has also worked in government affairs positions for several major trade associations. During the first Trump administration, Giustino was Deputy Director of the Office of Public Liaison at the U.S. Department of Labor, where he directed stakeholder engagement during the COVID‑19 response and modernized processes to improve constituent access to timely guidance. A native of the Bronx, NY and New Jersey, Giustino holds a Bachelor of Arts degree in Political Science from Rutgers University–New Brunswick.

General Counsel Announces Senior Staff for Office of the General Counsel

January 20, 2026 On January 14th, National Labor Relations Board General Counsel Crystal Carey announced two new staff members for her office. Lynisa B. Michalski was named Acting Deputy General Counsel. Ms. Michalski began her career with the National Labor Relations Board as an attorney in the Office of Appeals. During her tenure, she has been detailed to the Regional Offices and the U.S. Attorney’s Office in the District of Columbia. In 2013, Ms. Michalski was promoted to Supervisory Attorney. She most recently served as the Deputy Director in the Office of Appeals. Prior to joining the NLRB, Ms. Michalski clerked for The Honorable Charles B. Day in the U.S. District Court for the District of Maryland. She earned her B.A. from Boston University, and her J.D. from Northeastern University School of Law. “I worked with Lynisa during my time in the Office of Appeals, and I am thrilled that she has rejoined the Agency in this role. She returns with over two decades of service to the Agency, including significant experience in ensuring cases are processed in a timely and efficient manner, driving the initiatives of the General Counsel’s Office and a unique perspective on what has, and has not, worked in prior Administrations. I look forward to working with her and implementing improved efficiencies and priorities,” said General Counsel Carey. Laural Wagner will continue to serve as Acting Associate to the General Counsel. Ms. Wagner began her career with the NLRB as a Co-op Field Examiner in the Cleveland, Ohio Regional office in 2009 and converted to a Field Examiner in 2010. In 2020, she was appointed Deputy to the Assistant General Counsel in the Division of Operations-Management. Since February 2025, Ms. Wagner has served in the Role of Acting Associate to the General Counsel. Ms. Wagner earned her Bachelor’s Degree in Business Administration and Master of Labor Relations and Human Resources from Cleveland State University. “Laural brings a wealth of expertise gained through her experience in the Field, Operations, and the Office of the General Counsel – her institutional knowledge is unparalleled,” said General Counsel Carey. The dedication and expertise brought by these distinguished and experienced individuals underscores the NLRB's commitment to upholding its mission. As the NLRB evolves to meet new challenges; the combined experience of Ms. Michalski and Ms. Wagner will be instrumental in driving forward initiatives that enhance the agency's effectiveness and responsiveness.

William B. Cowen Named Acting Associate General Counsel for the Division of Operations‑Management

Last Wednesday, January 14th NLRB General Counsel Crystal S. Carey announced the appointment of William B. Cowen as Acting Associate General Counsel for the Division of Operations‑Management and the appointment of Stephanie Cahn as Acting Deputy Associate General Counsel for the Division. In these roles, Mr. Cowen and Ms. Cahn will oversee the Agency’s 26 Regional Offices and support the nationwide enforcement and administration of the National Labor Relations Act. Mr. Cowen most recently served as the Acting General Counsel pursuant to an appointment by President Donald J. Trump in February 2025. He began his NLRB career in 1979 and held a variety of positions at both Headquarters and in the field before entering private practice in 1985. He was appointed by President George W. Bush to serve as a Board Member from January 22 to November 22, 2002, and later served as Executive Assistant (Chief of Staff) to Chairman Robert J. Battista. From 2006 to 2016, he served as the Board’s Solicitor. Prior to his appointment as Acting General Counsel, Mr. Cowen served as Regional Director of Region 21 (Los Angeles) beginning in 2016. He holds a B.A. in Mathematics from Case Western Reserve University, a Master of Theological Studies from Wesley Theological Seminary, and a J.D. from the Cleveland‑Marshall College of Law at Cleveland State University. “I am grateful to Bill for his work as Acting General Counsel,” said General Counsel Carey. “His extensive experience—as Acting GC, Regional Director, and in many other roles throughout the Agency—makes him exceptionally well‑suited to lead Operations as we address the backlog of cases in the Regional Offices.” Ms. Cahn joined the Agency in 1997 and has spent most of her career in Region 21 (Downtown Los Angeles). She began as a Field Attorney, was promoted to Supervisory Field Attorney in 2013, and became Regional Attorney in 2024. In February 2025, she began serving as Acting Deputy General Counsel. Ms. Cahn holds a bachelor’s degree from the University of California, Irvine, and a J.D. from the McGeorge School of Law in Sacramento, California. “Stephanie excelled as Acting Deputy General Counsel, and I am pleased that she will support Operations as we move forward,” said General Counsel Carey.

Mass v. Regents of the University of California

Mass v. Regents of the University of California University of California Retirement Plan's section 12.10 does not grant retroactive benefits to members who delayed applying for retirement.

Rosenwald v. Kimberly-Clark - filed Sept. 24, 2025

Employment Law A district court may not establish diversity of citizenship purely by judicial notice. Plaintiffs cannot meet the amount in controversy requirement by adding claims for attorney fees. Rosenwald v. Kimberly-Clark - filed Sept. 24, 2025 Cite as 2025 S.O.S. 24-299 Full text click here >http://sos.metnews.com/sos.cgi?0925//24-299