Dismissals of unfair labor practice charges have surged at the National Labor Relations Board (NLRB) under Donald Trump, according to a new analysis by the Center for American Progress (CAP). From January 2025 to April 2026, the US top labor watchdog dismissed 34.7% of all unfair labor practice charges filed by labor unions, a 14.2 percentage-point increase from 2024. The agency dismissed 67.4% of unfair labor practice charges filed by workers, 10.7 points higher than 2024.
Staffing Shortages and Procedural Changes
The analysis of more than 40,000 cases cited several issues at the board since Trump began his second term. The NLRB was left without a quorum required to issue decisions for 345 days after Trump fired Gwynne Wilcox, the first Black woman to ever serve on the board. Labor lawyers have noted that cases are being thrown out due to glitches or technicalities with the agency's docketing system. Bloomberg reported in February 2026 that regional offices of the labor board are understaffed by 23%, and Congress has continued slashing the agency's budget. About 150 workers left the agency in 2025, and only eight workers were added, a loss of more than 10% of the agency's workforce, leading to worsening backlogs of cases.
Decline in Union Election Filings
Under Trump, union election filings declined 30% in 2025, as the Trump administration sought to cancel collective bargaining agreements for more than 1 million federal workers. The shift in case dismissals comes as the Trump-appointed general counsel of the NLRB, Crystal Carey, a former attorney at the union avoidance law firm Morgan Lewis, issued guidance in February 2026 emphasizing case resolution through settlements over litigation.
New Intake Protocols
The agency enacted changes to case handling procedures in December 2025, with the analysis stating that the new intake protocols make it easier for charges to be dismissed because they require a charging party to submit substantial evidence through supporting documents within two weeks of filing a charge. “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 CAP 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.” The NLRB declined to comment.
