Labor & Employment Law Daily Wrap Up, HOUSE NEWS—NLRB Chairman and General Counsel testify at House hearing, (Jun 12, 2026)

By Brandi O. Brown, J.D.

Republican lawmakers at the hearing focused on overreach, mismanagement, and government intrusion, while Democratic lawmakers focused on the need for enforcement, protection of worker rights, underfunding, and legal obligations to act.

Last week, Chairman James R. Murphy and General Counsel Crystal S. Carey of the National Labor Relations Board testified before the House Committee on Education and Workforce’s Subcommittee on Health, Education, Labor, and Pensions, presided over by Subcommittee Chairman Rick Allen (R-GA). Some of the other lawmakers present at the hearing were Ranking Member DeSaulnier (D-CA), as well as Members Lee (D-PA), Mannion (D-NY), Walberg (R-MI), Fox (R-NC), and Onder (D-CA).

Backlog. In his opening statement on June 4, NLRB Chairman Murphy focused on the Board’s progress in reducing its pending caseload. “We have focused on the common initial goal of prioritizing the oldest cases, representation election cases, and what I have characterized as low-hanging fruit—or the more uncomplicated unfair labor practice cases before us,” he stated. “I’m pleased to say that by the end of last week, the Board reduced its pending caseload from 591 to 381 cases, despite the assignment of 150 newly arrived cases. In total, we have disposed of 352 cases in a five-month period. My goal is straightforward: to promote a Board that works—efficiently, expeditiously, and in a way that earns the confidence of employees, employers, and unions.”

General Counsel Carey likewise emphasized the significant progress made in reducing the case backlog since taking office, stating that employees have completed the investigation of 7,066 cases that were pending as of January 7. She added that, in one regional office, they have achieved a nearly 40 percent reduction in the number of cases awaiting determination. “Moreover,” she noted, “between January 7 and June 2 of this year, we processed 13,006 cases, compared to 12,491 new filings, reducing the backlog by 515 cases—an average of approximately 108 cases per month.”

Carey told the Subcommittee that these reductions are largely attributable to improvements in case-handling practices and increased support for Regional Directors as they facilitate reasonable settlements and move cases more efficiently through the system.

Despite this progress, both the Chairman and General Counsel acknowledged operational challenges that impact the NLRB’s ability to reduce the backlog, including an incomplete Board and staff shortages in the field.

Republican lawmakers at the hearing focused on overreach, mismanagement, and government intrusion, while Democratic lawmakers focused on the need for enforcement, protection of worker rights, underfunding, and legal obligations to act.

A right, not a fight. DeSaulnier, for example, emphasized the NLRB’s role in protecting workers’ rights and the importance of strong enforcement of labor law. He explained that the NLRB is responding to rising worker needs. He noted that there are 90,000 American workers for every one NLRB caseworker. “Forming a union must be a right, not a fight,” he stated.

Lee focused on the important role of the NLRB and the experiences of workers during the period when the Board lacked a quorum. She also raised concerns about the agency not acting independently, securing agreement from Murphy that the NLRB should be an independent agency.

Faster labor contracts. Among those matters discussed was the issue of delays in first contracts. On June 9, 2026, in fact, the House passed the Faster Labor Contracts Act (FLCA) in a 220—193 bipartisan vote after Rep. Donald Norcross (D-NJ) successfully used a discharge petition to force floor consideration. Companion legislation has been introduced in the Senate.

Under this measure, employers and newly certified unions would be subject to structured timelines for bargaining, including required commencement of negotiations and escalation to mediation and binding arbitration if agreement cannot be reached within specified periods. The legislation contemplates referral to a three-person arbitration panel to secure an initial collective bargaining agreement, which would be binding for a defined term unless modified by mutual consent.

At the NLRB hearing, which occurred several days before the deciding vote, Allen started the hearing by asking General Counsel Carey about the lengthiness of negotiations. She cited “extensive requests for information relating to the specific employer, the industry, the business, the wants [and] needs of the employees in the union” and the time it takes to respond to those.

News: LaborNews AgencyNews