Earlier this month, the Acting General Counsel of the National Labor Relations Board (NLRB), William Cowen, rescinded a slew of his predecessor’s policy memoranda. While general counsel (GC) memoranda are not the official legal position of the NLRB, if adopted by the Board they could have far-reaching ramifications for covered employers.
New GC typically unwind the GC Memos of their predecessor and, in this case, the action is consistent with the overall approach of the Trump Administration to roll back actions taken by Biden appointees.
By rescinding GC memoranda, Cowen has signaled that he will no longer seek to enforce actions against employers based on violations of the policies expressed in the memoranda. The action may also mean that for parties with active matters before the NLRB relating to the rescinded memos, resolution may be faster and more employer-friendly. It is important to note that because President Trump removed GC Jennifer Abruzzo and former NLRB Member Gwynne Wilcox immediately following the inauguration, the NLRB does not currently have enough members to form a quorum, meaning that it cannot issue decisions.
Among the more than 25 rescinded memoranda were two addressing topics critical to employers:
With respect to severance agreements, GC Abruzzo had taken the position that overly broad nondisparagement and confidentiality clauses often interfere with, restrain, or...
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