NLRB Docket Shows 291 Charges, 86 Meritorious Cases Against McDonald's, Franchisees

The National Labor Relations Board record traces a sprawling enforcement effort: "Of 291 charges filed since November 2012, 86 cases have been found meritorious, and therefore, complaints would issue regarding those meritorious cases, absent settlement." That tally appears in Office of the General Counsel materials and anchors a litigation thread that the docket shows running into February 2026.

The OGC materials also state that "The National Labor Relations Board Office of the General Counsel has issued complaints against McDonald’s franchisees and their franchisor, McDonald’s USA, LLC, as joint employers." Those complaints, the posting says, allege that McDonald’s USA, LLC and certain franchisees "violated the rights of employees working at McDonald’s restaurants at various locations around the country by, among other things, making statements and taking actions against them for engaging in activities aimed at improving their wages and working conditions, including participating in nationwide fast food worker protests about their terms and conditions of employment during the past two years."

The OGC posting describes settlement efforts and a push into formal complaints: "While representatives of the Office of the General Counsel have been engaged in efforts to settle the matter with the parties, thus far, those efforts have largely been unsuccessful. Therefore, the Regional Offices, where meritorious charges were filed and not settled, issued complaints against the alleged joint employers today. General Counsel representatives will continue efforts to settle the meritorious charges, notwithstanding issuance of the complaints." That language appears in a December 19, 2014 OGC communication cited in the docket materials; the OGC also counted "13 complaints involving 78 charges" issued in Regional Offices as part of that enforcement wave.

The dispute has proceeded through judges and the full Board. A U.S. Chamber summary of the litigation lists docket numbers 02-CA-093893 and 04-CA-125567 and notes a Board action: "National Labor Relations Board issues amended decision" on Dec. 12, 2019, where the Board "reverses ALJ order rejecting settlement of McDonald’s joint-employer litigation and remands for further proceedings." The Chamber also records that it joined a coalition amicus brief opposing a recusal motion on Aug. 28, 2018, with coalition counsel Kurt G. Larkin and Ronald E. Meisburg of Hunton Andrews Kurth, LLP identified.

A separate strand of the litigation centers on discovery and subpoenas. A law-firm writeup reports that "On March 17th, the National Labor Relations Board (NLRB) issued another decision unfavorable to McDonald’s USA and certain McDonald’s franchisees. This was the Board’s fifth decision in this massive case" and that a two-member Board majority "agreed with an ALJ to severely limit the scope of documents which McDonald’s could subpoena from the unions and other non-party organizations." The writeup details the categories McDonald’s sought: unions' internal organization, structure and finances including SEIU’s role in creating worker organizing committees; unions' organizing strategy and activity; protected, concerted activity and union activity of all employees at the franchisees' restaurants; and brand-related communications with the NLRB and the PR firm Berlin Rosen. The same firm notes McDonald’s argued a brand-protection defense and asserted that unions "had never filed a single petition for an election at any McDonald’s store or franchise" and "had never demanded recognition as the employees’ bargaining representatives," with one source excerpt truncated after "public demonstrations at shareholders’".

The public docket continues to show activity into 2026. A docket snippet dated 01/14/2026 records: "Issued/Filed By. 01/14/2026, Signed Charge Against Employer*, Charging Party. The Docket Activity list does not reflect all actions in this case." The broader docket and "recent filings" listings cited by reporters show notable entries as recently as Feb. 20, 2026, keeping the joint-employer and discovery fights active more than a decade after the first charges were filed. The litigation’s mix of 291 historical charges, 86 meritorious findings, Board remands, subpoena limits, and ongoing filings suggests the outcome will continue to shape how McDonald’s, its franchisees, unions such as SEIU, and outside groups litigate joint-employer and brand-related labor disputes.