Office of the General Counsel - National Labor Relations Board - July 23, 2026

Oct 22, 2026

Formal correspondence from the U.S. National Labor Relations Board, Office of the General Counsel, dated July 23, 2026, addresses congressional oversight by thanking the House Subcommittee leadership and explaining policy and enforcement priorities. It references prior progress in reducing a historical backlog, the commitment to impartial enforcement under the National Labor Relations Act, and challenges involving funding and staffing. The enclosure contains record responses to committee questions, including concerns about preventing union election fraud in card-check processes, addressing unfair labor practice backlog causes, and discussing the impact of GC 21-04 on resolution timelines.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages10

Reading Time25 min

AccessFree to download

Questions for General Counsel Crystal S. Carey

Question 1: Preventing union election fraud in card-check elections

Question 2: Assessing backlog scope, closure timelines, and contributing case types

Question 3: Impact of GC 21-04 on charge resolution rates

United States Government NATIONAL LABOR RELATIONS BOARD Office of the General Counsel 1015 Half Street, SE Washington, DC 20570 July 23, 2026 The Honorable Rep. Rick W. Allen Chairman, Subcommittee on Health, Employment, Labor and Pensions Committee on Education and the Workforce U.S. House of Representatives 2176 Rayburn House Office Building Washington, DC 20515 Dear Chairman Allen, Thank you for providing me with the opportunity to testify before the Subcommittee on Health, Employment, Labor and Pensions regarding my policy and enforcement priorities as General Counsel of the National Labor Relations Board (NLRB) . I value the responsibility of being responsive to Congress as it fulfills its oversight duties. Accordingly, I appreciated the opportunity to inform Congress about the significant progress the NLRB has achieved in reducing the historical backlog we were left with at the end of my predecessor’s tenure. Additionally, I found it essential to outline to you and your colleagues my commitment to impartial and effective enforcement of the National Labor Relations Act, and to clarify the challenges we are addressing in relation to funding and staffing. Enclosed, you will find answers to the questions members of your committee asked me to answer for the record. If you or your staff have further questions, I encourage you to reach out to Sylvester Giustino, Director of the Office of Congressional and Public Affairs, who can be reached at (202) 679- 9392, [or Sylvester.Giustino@nlrb.gov](or Sylvester.Giustino@nlrb.gov). Sincerely, Crystal S. Carey General Counsel National Labor Relations Board (cc: Katerina Kerska) Questions for General Counsel Crystal S. Carey Chairman Tim Walberg (R-MI) 1. In an April 16, 2026, letter to National Labor Relations Board (Board) Chairman Murphy, I raised concerns about the effects of the Board’s decision in Cemex Construction Materials Pacific, LLC after reports surfaced of alleged fraud in a cardcheck election for one of Amazon’s contractors Battle Tested Strategies. While the Board has not overruled Cemex, can you explain what your office is doing to prevent union election fraud, especially in card-check elections? Answer: Employers have the right to recognize a union voluntarily based on a card check process performed without the NLRB’s participation. However, if a petition is filed with the NLRB in relation to a question concerning representation, a board agent assigned to the case will follow the case handling processes to confirm the number of cards submitted in support of a petition (See CHM Part II; 11020–11042) . The Amazon / Battle Tested Strategies case you reference is an open and pending case. As a result, I cannot discuss the details of that specific case. 2. When you took office in January 2026, the non-postal employer docket carried roughly 16,000 open Unfair Labor Practice (ULP) charges—more than half of them over a year old. Before the Abruzzo era, the agency maintained a stable inventory of roughly 5,800 to 6,000 open charges. Can you walk through what you found when you arrived, and what your honest assessment is of how long it will take to return the agency to pre-2021 inventory levels at the current rate of closure? Can you also provide context as to what kind of cases are contributing to the backlog? Answer: To say the least, even though I knew this was an issue I was floored when I arrived at the scope of and burden created by the backlog. I found an Agency where capable professional investigators and attorneys were struggling to keep up with a staggering workload. We have made a lot of progress so far. Since I took office in January, we have managed to reduce 45.6% of the backlog cases. But frankly, it will take a long time at current staffing and funding levels. I am hopeful that a year from now, most of the cases which were pending before January 7, 2026, will have been processed, and that most remaining investigations wi

FAQs

How does the Office of the General Counsel address concerns about union election fraud in card-check elections?

Employers may recognize a union voluntarily through a card-check process without NLRB participation. If a petition is filed with the NLRB regarding representation, a board agent follows case-handling processes to confirm the number of cards submitted, while specific pending case details cannot be discussed.

What does the General Counsel say about the backlog level when she took office in January 2026?

She reports inheriting an agency where capable investigators and attorneys were struggling to manage a workload created by a substantial backlog of open unfair labor practice charges, with many cases older than a year.

What assessment is given regarding progress and how long it may take to return to prior inventory levels?

The backlog has been reduced by 45.6% since January, but significant time will still be required under current staffing and funding. A year from then, many cases pending before January 7, 2026 are expected to be processed, with remaining investigations pending less than a year.

Oct 22, 2026

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