On February 14, 2025, the Acting General Counsel of the National Labor Relations Board (NLRB), William B. Cowan, announced recission of numerous General Counsel Memoranda issued his predecessor, who was known as a pro-labor advocate. The GCMs rescinded are too numerous to mention and can be found in the GC Memorandum 25-05 on the NLRB website, www.nlrb.gov. Many of the rescinded GCMs were controversial and far reaching when issued and embraced matters such as rights of players at academic institutions, full remedies for violations of the Act, non-compete agreements, injunctive relief, stay or pay agreements, and the latest which addressed harmonization of EEO laws and the NLRA.
These recissions most likely signal a retreat from the expanded interpretation and enforcement of the Act under the Biden Administration and its General Counsel. Acting GC Cowan cited the backlog of cases as the reason for the recissions.
For further guidance regarding the impact of this action, please consult the attorneys of the Employment and Labor Law Team of Sandberg Phoenix.
