The National Labor Relations Board has released the 2025 edition of its Administrative Law Judge (ALJ) Bench Book. While not an official statement of Board policy or legal authority, the Bench Book remains one of the most practical resources for anyone involved in unfair labor practice (ULP) hearings. It outlines how NLRB administrative law judges conduct hearings and approach procedural and evidentiary issues.
For labor attorneys, HR professionals, and consultants, the 2025 edition is essential reading.
Download the 2025 ALJ Bench Book:
Full PDF
Substantive Additions Document
What the Bench Book Is
The Bench Book is a procedural guide for ALJs presiding over ULP hearings. It covers:
Case handling procedures
Rules of evidence as applied in NLRB hearings
Sample rulings on common pretrial and trial issues
Guidance on motions, subpoenas, settlement frameworks, and witness management
Although not binding, the Bench Book clarifies how ALJs will likely manage hearings and rule on objections.
Key Changes in the 2025 Edition
This year’s update includes several revisions designed to align the Bench Book with current Board precedent and the Federal Rules of Evidence updates.
Notable updates include:
Legal Citations and Precedent
The 2025 edition reflects decisions issued by the Board and federal courts since the prior version. These changes help ensure the procedural guidance aligns with current case law, including more recent interpretations under the Stericycle framework and evolving standards for remedies.
Federal Rules of Evidence
Chapter 16 includes December 1, 2024, amendments to the Federal Rules of Evidence. These updates are especially relevant to handling hearsay, authentication, and objections in civil proceedings and influence how evidence is treated in NLRB hearings.
Expanded Substantive Content
The companion Substantive Additions document outlines several areas where procedures have changed or been clarified. These include:
Amending pleadings and handling withdrawn allegations
Enforcement of subpoenas and witness refusals
Use and limitations of special appeals
Sequestration of witnesses
Post-hearing brief procedures
These additions are important for practitioners who want to stay current on how ALJs are instructed to manage these issues.
Who Should Be Paying Attention
Anyone representing parties in NLRB hearings should read and refer to the Bench Book. That includes:
Labor and employment counsel preparing for hearings
Consultants supporting clients facing ULP charges
In-house HR teams involved in compliance and litigation
The Bench Book is a valuable tool for employers to understand what to expect in litigation and how to support outside counsel. It also helps legal teams anticipate procedural hurdles and prepare case strategies with greater precision.
Final Thoughts
The 2025 ALJ Bench Book is not a policy document but continues to shape the practical reality of how ULP hearings are conducted. With an uptick in unfair labor practice charges and greater scrutiny of employer behavior, this year’s edition comes at a time when preparation and procedural awareness are critical.
Download the book. Mark the updates. Adjust your playbook accordingly.