This past Valentine’s Day (February 14, 2025), the National Labor Relations Board’s (NLRB) Acting General Counsel gave a sweet gift to employers by rescinding certain memoranda issued by the former General Counsel, and further announcing its intention to assist the various regions across the U.S. by issuing guidance on allocating the NLRB’s resources.

In the memo, ACG Cowen wrote, “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.”

Among the rescinded memos are:  GC 21-08 which stated that college athletes should be considered employees under the NLRA and thus have the right to collectively bargain; GC 23-05 and GC 23-01 which prohibited overly broad confidentiality, non-compete and non-disparagement clauses like those found in restrictive covenants or severance agreements; and GC-21-01 allowing Mail Ballot Elections when COVID-19 was a Federal Public Health Emergency. 

AGC Cowen concluded his memo warning that his review of the NLRB’s practices was ongoing and he anticipated further adjustments to be made as needed.

For questions about the always-evolving workplace labor and employment issues, contact an RKW Law Group lawyer.

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