What happened?

On February 14, 2025, William Cowen, Acting General Counsel of the National Labor Relations Board (NLRB), issued Memorandum 25-05, rescinding over a dozen policy memos from his predecessor. This action indicates a shift in the NLRB’s policy priorities.

Overview:

The rescission memo suggests that:

• Policy Shift: Cowen plans to restore prior guidance from GC Memorandum 18-01, suggesting significant policy changes.

• Employer Impact: The rescission is positive for employers, though some labor risks remain.

• Nonbinding Guidance: These memos guide employers, unions, and workers on handling novel or controversial issues.

Specific Rescissions:

• Non-Compete Agreements: GC 23-08 and GC 25-01, which addressed non-compete and stay-or-pay agreements, have been rescinded. This change may give employers more flexibility in implementing these agreements, but state laws still apply.

Additional Details:

The rescinded memoranda include:

• GC 21-03 Effectuation of the National Labor Relations Act Through Vigorous Enforcement of the Mutual Aid or Protection and Inherently Concerted (concerted activity for mutual aid or protection)
• GC 21-04 Mandatory Submissions to Advice (handbooks, agreements, concerted activity, etc.)
• GC 22-06 Update on Efforts to Secure Full Remedies in Settlements (Revised Attachment) (settlement agreements)
• GC 23-02  Electronic Monitoring and Algorithmic Management of Employees Interfering with the Exercise of Section 7 Rights (monitoring technologies in decision-making)
• GC 23-05 Guidance in Response to Inquiries about the McLaren Macomb Decision (severance agreements)
• 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 25-01 GC 25-01 Remedying the Harmful Effects of Non-Compete and “Stay-or-Pay” Provisions that Violate the National Labor Relations Act [Rescinded 2/14/2025 by Memorandum GC 25-05] (Previous Vensure communication when memorandum was issued)
• GC 25-02 Ensuring Settlement Agreements Adequately Address the Public Rights at Issue in the Underlying Unfair Labor Practice Allegations
• GC 22-04 The Right to Refrain from Captive Audience and other Mandatory Meetings

In addition, Acting GC Cowen also rescinded several other memoranda, indicating that further guidance may be issued soon. These include:

• GC 21-07 Full Remedies in Settlement Agreements
• GC 22-01 Ensuring Rights and Remedies for Immigrant Workers Under the NLRA
• GC 25-03 New Processes for More Efficient, Effective, Accessible, and Transparent Case Handling
• GC 25-04 Harmonization of the NLRA and EEO Laws [Rescinded 2/14/2025 by Memorandum GC 25-05]

Source References

• NLRB – GC 25-05 Rescission of Certain General Counsel Memoranda
• NLRB General Counsel Memos Page

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