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Wednesday, August 26, 2026

GC Carey Issues Much-Anticipated NLRB Guidance - CDF Labor Law LLP

The National Labor Relations Board’s (NLRB”) General Counsel, Crystal Carey, has provided the Agency and employers with a clearer roadmap of where federal labor policy may be headed.

On August 26, 2026, Carey issued Memorandum GC 26-04, identifying Biden-era Board precedents she has already asked the Board to overturn and several more she intends to challenge when the right case presents itself.

This list is significant, but not surprising. It includes: Cemex bargaining orders, Stericycle work rules, captive-audience meetings, management-rights waivers, dues checkoff after contract expiration, protected concerted activity, and Thryv expanded remedies.

The Roadmap:

When Carey took office, she departed from her predecessor Jennifer Abruzzo’s practice of issuing broad mandatory-submission directives identifying cases Regions should send to Washington for review. Instead, Carey prioritized reducing the Agency’s significant case backlog.

That approach appears to be working. Carey’s memorandum reports that the Agency has completed investigations in 9,247 cases pending when she took office, reducing the number awaiting Regional Office determinations by more than 50%.

Now, with a three person GOP majority at the Board, Carey appears to add to her priority list a focus on specific legal issues that she feels need to be reviewed and reconsidered. She is giving employers their clearest indication yet of the substantive changes she wants to pursue, while also making it clear that...



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