NLRB General Counsel Targets Precedents for Reversal
A new memorandum from the National Labor Relations Board's top lawyer signals a significant shift in enforcement priorities and identifies specific case law she will ask the Board to overturn.
On August 26, 2026, the National Labor Relations Board's General Counsel, Crystal S. Carey, issued Memorandum GC 26-04, outlining her office's enforcement priorities. The memo provides a clear roadmap of established Board precedents the General Counsel now plans to ask the sitting Board to reconsider and overturn. This development is critical for employers and their counsel because it signals a significant potential shift in the application of federal labor law. The GC's agenda directly impacts core issues such as union organizing tactics, collective bargaining standards, and the legality of common workplace rules and policies. While the memo itself does not change the law, it serves as an authoritative preview of the arguments the GC’s office will advance in future litigation. Sophisticated counsel should analyze the targeted precedents and assess their clients' potential exposure under a new legal standard. The next development to watch will be the specific cases in which the GC begins to formally litigate these challenges.