NLRB General Counsel Signals Major Pro-Employer Policy Shift
A new memorandum from the NLRB's top prosecutor identifies key Biden-era, pro-labor precedents she will ask the agency's new Republican majority to overturn.
On August 26, 2026, National Labor Relations Board General Counsel Crystal S. Carey issued a memorandum (GC 26-04) outlining her prosecutorial priorities. The memo provides a punch list of significant, pro-labor NLRB precedents from the prior administration that she will ask the Board to overturn.
This development is important for employers because, with a recently cemented 3-1 Republican majority, the Board is now positioned to reverse years of precedent. The targeted rulings cover critical operational areas, including restrictions on severance agreements, the standard for evaluating neutral handbook policies, mandatory "captive audience" meetings, bargaining obligations, and expanded remedies for unfair labor practices. The GC's memo signals a major shift toward a more employer-friendly interpretation of federal labor law.
While the memo does not immediately change existing law, it provides a clear roadmap of the Board's likely direction. Employers should continue to comply with current precedent but may want to begin identifying policies adopted to comply with the targeted rulings. Counsel should also consider the memo's impact on settlement strategy in any pending or future unfair labor practice cases, as the litigation calculus has now materially changed.