On May 16, 2025, the National Labor Relations Board’s (“NLRB”) Acting General Counsel, William B. Cowen, issued Memorandum GC 25-06, titled “Seeking Remedial Relief in Settlement Agreements,” that significantly loosens the requirements before NLRB Regions to approve settlements of unfair labor practice charges.
The Memorandum comes on the heels of Cowen’s February 14, 2025, Memorandum GC 25-05 which rescinded dozens of memos issued by his predecessor, former General Counsel Jennifer Abruzzo, including four memos requiring Regions to seek “full remedies” in settlement agreements. Former General Counsel Abruzzo indicated that this “full remedy” could include back pay, front pay, consequential damages “attributable” to the unfair labor practice, limitations on non-admission clauses, and extensive notice postings. For more information on these former settlement priorities, please see our prior blog post.
Acting GC Cowen’s guidance is a sharp departure from prior mandate to seek “full remedies.” GC 25-06 cautions that “if [the Board] attempt[s] to accomplish everything, we risk accomplishing nothing,” and reiterates to Regions that “diligent settlement efforts should be exerted in all…cases.” This is particularly important because, as the memo highlights, since 2019 anywhere from 96% to 100% of unfair labor practice charges were resolved through settlement.
To this end, GC 25-06 provides the following guidance to Regions – and parties – interested in drafting and entering...
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