Acting NLRB General Counsel Rolls Back Biden-Era Guidance Memos

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On February 14, the acting General Counsel (GC) of the National Labor Relations Board (NLRB), William Cowen, announced the rescission of memoranda issued by his predecessor under the Biden administration. The rescinded memos mark the latest shift in labor-related guidance since President Donald Trump took office.

The NLRB’s GC is responsible for investigating and prosecuting unfair labor practice cases under the National Labor Relations Act (NLRA), while also issuing guidance as to the direction that the NLRB will go in enforcing the NLRA. Thus, while not legally binding, memos issued by the NLRB GC provide insight into and guidance on the agency’s enforcement priorities.

In his first memo, Cowen rescinded over a dozen memos previously issued by former GC Jennifer Abruzzo, a President Joe Biden appointee. Among those rescinded are:

• GC 21-08, Statutory Rights of Players at Academic Institutions (Student-Athletes) Under the National Labor Relations Act
• GC 23-02, Electronic Monitoring and Algorithmic Management of Employees Interfering With the Exercise of Section 7 Rights
• GC 23-05, Guidance in Response to Inquiries About the McLaren Macomb Decision
• GC 23-08, Noncompete Agreements That Violate the National Labor Relations Act
• GC 25-01, Remedying the Harmful Effects of Noncompete and “Stay-or-Pay” Provisions That Violate the National Labor Relations Act

Cowen concluded his own memo stating, “I believe that it is incumbent upon all government leaders to continuously examine what we are doing and why we are doing it in order to explore ways to improve our service to the public. Thus, my review of our practices is ongoing, and I anticipate that further adjustments will be made as needed.”

Our Labor & Employment Team will continue to monitor any NLRB developments following this new guidance. For any assistance or questions about this alert, please contact the authors or a member of our Labor & Employment Compliance Team.