NLRB Acting General Counsel Overturns Numerous Pro-Labor Biden-Era Policies

On February 14, 2025, the National Labor Relations Board’s ("NLRB" or "Board") Acting General Counsel ("GC"), William Cowen issued General Counsel Memoranda ("GC Memo") 25-05, which rescinded more than a dozen GC Memos issued by recently terminated GC Jennifer Abruzzo. Nearly all the rescinded GC Memos were significantly favorable to organized labor and employees. In addition to the fully rescinded Memos, GC 25-05 also rescinded 13 other GC Memos pending further guidance from the Board, signaling that the issues in these Memos will be a focus of the new administration. GC 25-05 marks the anticipated shift to a more pro-employer Board. This is likely the first of several large shifts from the pro-union policies adopted over the last four years by the Biden-Board.   

While it is the Board itself that effectuates the decisions and establishes the precedent, it is the Board’s GC who sets the course for the Board with the power to investigate and prosecute unfair labor practice charges, issue general guidance on key issues concerning employee and employer respective rights, provide direction to the Board’s field offices in processing cases and, ultimately, serve up the cases that will allow the NLRB to reverse or establish precedential decisions. GC Abruzzo was particularly active in publishing aspirational memoranda for the Board to pursue. In response to GC Abruzzo’s aspirational goals, GC Cowen stated "if we attempt to accomplish everything, we risk accomplishing nothing." 

The following GC Memos were rescinded:

• GC 21-02 Rescission of Certain General Counsel Memoranda
• GC 21-03 Effectuation of the National Labor Relations Act Through Vigorous Enforcement of the Mutual Aid or Protection and Inherently Concerted Doctrines
• GC 21-04 Mandatory Submissions to Advice
• GC 21-08 Statutory Rights of Players at Academic Institutions (Student-Athletes) Under the National Labor Relations Act
• GC 22-06 Update on Efforts to Secure Full Remedies in Settlements (Revised Attachment)
• GC 23-02 Electronic Monitoring and Algorithmic Management of Employees Interfering with the Exercise of Section 7 Rights
• GC-23-04 Status Update on Advice Submissions Pursuant to GC Memo 21-04
• GC 23-05 Guidance in Response to Inquiries about the McLaren Macomb Decision
• GC 23-08 Non-Compete Agreements that Violate the National Labor Relations Act
• GC 24-04 Securing Full Remedies for All Victims of Unlawful Conduct
• GC 24-05 Section 10(j) Injunctive Relief and the U.S. Supreme Court’s Decision in Starbucks Corp. v. McKinney
• GC 24-06 Clarifying Universities’ and Colleges’ Disclosure Obligations under the National Labor Relations Act and the Family Educational Rights and Privacy Act
• GC 24-06 Attachment
• GC 25-01 Remedying the Harmful Effects of Non-Compete and "Stay-or-Pay" Provisions that Violate the National Labor Relations Act
• GC 25-02 Ensuring Settlement Agreements Adequately Address the Public Rights at Issue in the Underlying Unfair Labor Practice Allegations

The following GC Memos were rescinded pending further guidance from the Board:

• GC 21-05 Utilization of Section 10(j) Proceedings
• GC 21-06 Seeking Full Remedies
• GC 21-07 Full Remedies in Settlement Agreements
• GC 22-01 Ensuring Rights and Remedies for Immigrant Workers Under the NLRA
• GC 22-02 Seeking 10(j) Injunctions in Response to Unlawful Threats or Other Coercion During Union Organizing Campaigns
• GC 22-03 Inter-agency Coordination
• GC 22-05 Goals for Initial Unfair Labor Practice Investigations
• GC 23-01 Settling the Section 10(j) Aspect of Cases Warranting Interim Relief
• GC 23-07 Procedures for Seeking Compliance with and Enforcement of Board Orders
• GC 24-01 (Revised) Guidance in Response to Inquiries about the Board’s Decision in Cemex Construction Materials Pacific, LLC
• GC 25-03 New Processes for More Efficient, Effective, Accessible and Transparent Casehandling
• GC 25-04 Harmonization of the NLRA and EEO Laws

Additionally, GC 22-04, The Right to Refrain from Captive Audience and other Mandatory Meetings, was rescinded due to the Board’s decision in Amazon.com Services LLC, 373 NLRB No. 136 (2024) (ruling that employers violate the NLRA by requiring employees to attend meetings at which the employer expresses its view on unionization).

GC 23-03, Delegation to Regional Directors of Section 102.118 Authorization Regarding Record Requests from Federal, State, and Local Worker and Consumer Protection Agencies, was rescinded and the guidance in GC 18-01 was restored.

Finally, GC 21-01, Guidance on Propriety of Mail Ballot Elections, pursuant to Aspirus Keweenaw, 370 NLRB No. 45 (2020), was rescinded as the COVID-19 pandemic is no longer a Federal Public Health Emergency.

In short, GC 25-05 undoubtedly signals the Board’s shift towards a more pro-business outlook. If you have any questions regarding these developments or need assistance, please do not hesitate to contact a member of Smith Anderson’s Workplace Law Group.