NLRB General Counsel Maps Dozen Reversal Targets in Memo
GC Carey's GC 26-04 memorandum identifies over a dozen Biden-era NLRB precedents she will ask the Board to overturn, including Cemex recognition framework, captive-audience meeting bans, and expanded concerted activity protections.
In a significant policy memorandum, GC 26-04, National Labor Relations Board General Counsel Crystal S. Carey has identified more than a dozen major Biden-era precedents that she will ask the full Board to overrule. The memo signals a substantial shift toward a more employer-friendly interpretation of federal labor law and serves as a roadmap for the GC's enforcement priorities and for regional office litigation strategy.
Major-firm clients care because the targeted precedents have broad operational impacts. Key decisions slated for reversal include the Cemex framework, which altered union recognition standards; the Amazon.com Services ban on mandatory "captive-audience" meetings; the Stericycle standard for evaluating facially neutral work rules; and the McLaren Macomb holding on severance agreement clauses. The memo also targets expanded views on protected concerted activity (Lion Elastomers) and enhanced remedies for unfair labor practices (Thryv, Inc.).
While the memo does not change current law, it provides a clear basis for employers to preserve legal arguments in pending and future cases. With a new potential majority on the Board, counsel should monitor case developments closely, as reversals of these targeted precedents are now highly anticipated.