Takeaways

• NLRB General Counsel Crystal Carey’s 08.26.26 memo identifies seven Biden-era precedents for which she has already sought change and another six she intends to challenge when an appropriate case arises.
• With a new 3-1 Republican NLRB majority in place, potential shifts may be expected along Carey’s priorities.
• Existing Board precedent remains controlling unless and until the Board changes it.

Related links

• NLRB Overhaul: Setting Stage for Employers, Trump Removes Board Member Wilcox, Fires GC Abruzzo

Article

National Labor Relations Board General Counsel (GC) Crystal Carey has given employers the clearest picture to date of the Biden-era Board precedent she wants reconsidered.

Issued Aug. 26, 2026, GC Memorandum 26-04, “Further Guidance Regarding General Counsel Priorities,” identifies seven areas in which Carey has already taken positions seeking changes in Board law and six additional areas she intends to challenge when an appropriate case arises.

The timing is particularly significant. James Macy was sworn in as the Board’s third Republican member on Aug. 7, 2026, cementing a 3-1 Republican majority through at least Dec. 16, 2027. Thus, the GC’s priorities give employers a clearer sense of where Board law may shift as the GC challenges, and the Board reconsiders, precedents in appropriate cases.

GC’s Substantive Priorities Take Shape

The GC memorandum builds on changes that began before Carey took office. In 2025, Acting GC William Cowen rescinded numerous...

Read Full Story: https://news.google.com/rss/articles/CBMiqAFBVV95cUxQYXpWMHJUdVJpMFNSU1JqQ1pi...