GC 25-05 Rescission of Certain General Counsel Memoranda

February 14, 2025 Today, NLRB Acting General Counsel William B. Cowen issued a memo to all field offices, rescinding certain memoranda issued by the former General Counsel, and announced his intention to assist the Regions by issuing further guidance on appropriate allocation of the Agency’s resources. In the memo, ACG Cowen stated, “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 Among the rescinded memos are: GC 21-06 and GC 21-07 addressing remedies to be sought, GC 21-08 on the rights of student-athletes under the NLRA; GC 23-02 on electronic monitoring; · GC 23-05 on severance agreements and· GC 23-08 and GC 25-01 on non-compete agreements. AGC Cowen rescinded and will provide further guidance on GC 24-01 concerning the Board’s Decision in Cemex Construction Materials Pacific, LLC. AGC Cowen announced that GC Memo 21-01 on Mail Ballot Elections, was rescinded as COVID-19 is no longer a Federal Public Health Emergency.