Newly issued guidance from the NLRB encourages efficient resolution of labor disputes, giving employers more flexibility in crafting resolutions to reach practical compromises in appropriate cases.
United States Employment and HR
Kamran Mirrafati and Your Author LinkedIn Connections
Seyfarth Synopsis: Newly issued guidance from the NLRB encourages efficient resolution of labor disputes, giving employers more flexibility in crafting resolutions to reach practical compromises in appropriate cases. The memorandum also effectuates a limitation of the Board's Thryv, Inc. decision, such that losses indirectly caused by an unfair labor practice charge are not to be included in settlements where the causal link to the alleged violation is not sufficiently clear.
On May 16, 2025, the Acting General Counsel of the National Labor Relations Board (NLRB) issued GC Memorandum 25-06 in order to re-define how remedial relief should be approached in settlements of Unfair Labor Practice charges (ULPs). The memorandum provides an encouraging look into the NLRB's philosophy on settlements moving forward— which is a marked departure from the former General Counsel's approach.
The memorandum confirms that settlements continue to be the backbone of resolving ULPs and that the vast majority of cases settle. However, the Acting General Counsel noted that, with respect to ULPs where it found merit, 99.3% of cases settled in 2019 as compared to a slightly reduced settlement percentage of 96.3%...
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