NLRB Signals Employer-Friendly Trend

The NLRB’s new General Counsel, Crystal S. Carey, just released Memo GC 26-04 and it’s a significant signal of where labor law enforcement is headed.

The Memo identifies some key positions she’s already taken, including seeking to overturn Biden-era precedents on severance agreements (McLaren Macomb), work rules (Stericycle), and captive audience meetings (Amazon). In the Memo, GC Carey signaled anticipated future challenges to Cemex bargaining orders, duty-to-bargain standards, and protections for employee conduct under Lion Elastomers.

In practical terms, that could mean more employer flexibility in severance language, less scrutiny on facially neutral workplace rules, a return to employer-held captive audience meetings during organizing campaigns, and a higher bar for union recognition without a secret ballot election.

GC Carey emphasized that she remains committed to prioritizing clearing a massive case backlog — reporting a 50%+ reduction in pending regional cases since January — meaning the regions will have more bandwidth to pursue these new enforcement priorities.

Any employer drafting handbooks, negotiating severance agreements, or managing union relations would be wise to keep tabs on where the Board is heading to ensure their practices and policies keep pace with evolving labor law.