The National Labor Relations Board dismissed 34.7% of unfair labor practice charges filed by labor unions and 67.4% of charges filed by workers during the first 16 months of the Trump administration, according to an analysis published Wednesday by the Center for American Progress.
The analysis of more than 40,000 cases found that the NLRB dismissal rate for union charges rose 14.2 percentage points from 2024, and the dismissal rate for individual worker charges rose 10.7 percentage points from January 2025 through April 29, 2026.
Aurelia Glass, a policy analyst for the American Worker Project at the Center for American Progress and author of the analysis, said the increases pose a threat to workers who depend on the agency to enforce federal labor law.
“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,” Glass said. “These increases in dismissals are a really worrying sign for organizers who depend on the NLRB to be able to enforce these laws.”
The analysis cited multiple factors contributing to the surge in dismissals. The NLRB was left without a quorum required to issue decisions for 345 days after Trump fired Gwynne Wilcox, the first Black woman to serve on the board. Without a quorum, the board could not rule on any cases brought before it.
A February 2026 report from Bloomberg found that regional NLRB offices were understaffed by 23%. Congress has continued to cut the agency’s budget, the report said. The agency lost approximately 150 workers in 2025, adding only eight new employees, representing a loss of more than 10% of the agency’s total workforce.
The Trump administration also appointed a new NLRB general counsel, Crystal Carey, a former attorney at the union-avoidance law firm Morgan Lewis. She issued guidance in February 2026 emphasizing case resolution through settlements rather than litigation.
In December 2025, the agency enacted changes to its case handling procedures. The new intake protocols require charging parties to submit substantial supporting documentation within two weeks of filing a charge, a change the analysis said makes it easier for cases to be dismissed early in the process.
“The procedural changes at their core make it easier for charges to be dismissed,” Glass said. “That’s really what they do.”
Labor lawyers have also said cases are being thrown out due to glitches or technical problems with the agency’s docketing system, according to the analysis.
Union election filings declined by 30% in 2025 under Trump, the analysis found. The administration has also sought to cancel collective bargaining agreements for more than 1 million federal workers.
The NLRB declined to comment on the analysis.