On February 14, 2025, NLRB Acting General Counsel William B. Cowen issued a memo to all field offices, rescinding certain memoranda issued by the former General Counsel, Jennifer Abruzzo and announced his intention to assist the Regions by issuing further guidance on appropriate allocation of the Agency’s resources. In the memo, ACG Cowen stated, “Over the past few years, our dedicated and talented staff have worked diligently to process an ever-increasing workload. Notwithstanding these efforts, we have seen our backlog of cases grow to the point where it is no longer sustainable. The unfortunate truth is that if we attempt to accomplish everything, we risk accomplishing nothing.”

Among the rescinded memos are: GC 21-06 and GC 21-07 addressing remedies to be sought, GC 21-08 on the rights of student-athletes and whether they are considered “employees” under the NLRA; GC 23-02 on electronic monitoring; GC 23-05 on severance agreements which criticized non-compete agreements, confidentiality agreements, and non-disparagement agreements, and,  GC 23-08 and GC 25-01 on non-compete agreements. AGC Cowen also rescinded and will provide further guidance on GC 24-01 concerning the Board’s Decision in Cemex Construction Materials Pacific, LLC, which made substantial changes to union representation meetings. This memo was endorsed by the NLRB in a recent case that overturned decades of precedent and is currently on appeal. AGC Cowen also announced that GC Memo 21-01 on Mail Ballot Elections, was rescinded as COVID-19 is no longer a Federal Public Health Emergency. 

Memos from the NLRB General Counsel (usually referred to as “GC memos”) are nonbinding guidance documents that inform field offices, employers, and employees about the General Counsel’s enforcement priorities. Cowen also announced that additional guidance is under review and there may be more changes.

Employers should carefully review the memos and consult with their legal counsel to ensure their policies and procedures are in alignment with the NLRB developments.