On Friday, and as expected, the new Acting General Counsel of the NLRB rescinded a number of the General Counsel memoranda issued by the prior NLRB General Counsel where she was attempting to create new laws through the NLRB. As explained in the NLRB Press Release, the action was taken in part to reduce the large case backlog created by the aggressive number of priorities: “The unfortunate truth is that if we attempt to accomplish everything, we risk accomplishing nothing.” The rescinded memoranda include issues involving confidentiality in separation agreements, non-compete cases, student athletes, remedies, electronic monitoring, captive speeches, etc. Some of her memos have been rescinded entirely, while others are suspended pending further guidance.
The Memorandum reads in full as follows:
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.
Since assuming the role of Acting
General Counsel, working with experienced field and headquarters professionals,
I have conducted a comprehensive review of active General Counsel Memoranda and
determined that the following actions are warranted.
A.
The following General Counsel Memoranda are
rescinded: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
B.
The following General Counsel Memoranda are
rescinded pending further guidance:
• 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 22-01 (en Español) Asegurando
los Derechos y Remedios para Trabajadores Inmigrantes Bajo la 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
C.
The following General Counsel Memorandum is
rescinded as no longer relevant in light of the Board’s Decision in Amazon.com
Services LLC, 373 NLRB No. 136 (2024):
• GC 22-04 The Right to Refrain
from Captive Audience and other Mandatory Meetings
D.
The following General Counsel Memorandum is
rescinded and the guidance in GC 18-01 is restored:
• 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
E.
The following General Counsel Memorandum is
rescinded as COVID-19 is no longer a Federal Public Health Emergency (PHE).
• GC 21-01 Guidance on Propriety
of Mail Ballot Elections, pursuant to Aspirus Keweenaw, 370 NLRB No. 45 (2020).
NOTICE:
This summary is designed merely to inform and alert you of recent legal
developments. It does not constitute legal advice and does not apply to any
particular situation because different facts could lead to different results.
Information here can change or be amended without notice. Readers should not
act upon this information without legal advice. If you have any questions about
anything you have read, you should consult with or retain an employment
attorney.
