In an article published by Law360’s Employment Authority on April 13, 2022, Rick Morgan was quoted discussing the National Labor Relations Board’s (NLRB) pace in handling nearly 200 charges brought by Starbucks Workers United alleging violations of federal labor law in its attempt to fight unionization efforts.

While the union has admonished the NLRB for effectively aiding Starbucks by not quickly handling claims, others note that the Board has a reputation for its lengthy case-handling timeline, and years of attrition and slim budgeting have further limited its capacity. While the NLRB’s timeline for acting on unfair labor practice charges has improved overall in recent years thanks to various policy updates, the Board in many cases will spend more time to thoroughly investigate charges and vet the strength of the case to improve its chances of winning in subsequent court proceedings.

Morgan noted that the NLRB’s process reflects its staff’s care to put their best foot forward. While some regions work more quickly than others, board agents are uniformly serious about doing their jobs. And recent developments in the NLRB’s Office of General Counsel indicate that further updates are on the way to please union-side stakeholders.

“If the pace is not to the liking of folks, it’s not because people are sitting on things,” Morgan said.

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