On February 14, 2025, the Acting General Counsel of the National Labor Relations Board (“NLRB”) William B. Cowen issued his first General Counsel Memorandum (“GC Memo”) GC 25-05 rescinding nearly all of the Biden administration General Counsel’s substantive prosecutorial guidance memos, which furthered a pro-union and pro-employee agenda. While these memoranda do not have the weight of law or regulation, they do set out the agency’s priorities and key interpretations of the National Labor Relations Act (“NLRA”).
There were generally two types of rescissions. In addition to simply rescinding certain GC memos, Cowen also rescinded additional memos “pending further guidance” – suggesting those areas where the new administration will be placing its focus. Cowen cited the Board’s backlog of cases as one of the reasons necessary for the rescission of the GC memos.
Cowen’s GC Memo did not address the impact of the NLRB’s current lack of a quorum on the Acting GC’s prosecutorial agenda. President Trump’s unprecedented firing of former NLRB Chair Gwynne Wilcox, which deprived the NLRB of a quorum, is currently being litigated.
Which Memos Were Rescinded?
While we include a complete list of the memos that were rescinded by Cowen’s GC Memo below, of note, the memo rescinded the following key GC memos:
Confidentiality and Non-Disparagement Provisions in Severance Agreements – GC Memo 23-05 endorsed prosecuting employers that imposed on employees broadly worded severance agreements...
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