Key Takeaways:

• On August 26, 2026, Crystal S. Carey, General Counsel of the National Labor Relations Board (“Board” or “NLRB”), issued a Memorandum identifying precedential Board decisions that she has asked, or intends to ask, the Board to reconsider.
• The Memorandum lists seven precedential decisions that GC Carey has already asked the Board to reconsider in pending cases. It identifies six decisions GC Carey intends to ask the Board to overturn if given the opportunity in the future.
• Most of the decisions GC Carey has or intends to challenge are employee-friendly rules issued during the prior administration.
• The Memorandum does not change the law but provides a helpful insight into the priorities of the Board’s current chief prosecutor.

On August 26, 2026, NLRB General Counsel Crystal S. Carey issued Memorandum GC 26-04, titled “Further Guidance Regarding General Counsel Priorities.” The Memorandum highlights seven Board decisions that GC Carey has recently asked the Board to overturn. The Memorandum also identifies six decisions GC Carey intends to ask the Board to overturn in the future, if given the opportunity. Most of the decisions GC Carey has asked, or intends to ask, the Board to reconsider are employee-friendly decisions made during the prior administration.

The Memorandum indicates GC Carey’s desire to advocate for more employer-friendly rules will not come at the expense of efficiency. GC Carey states that she is not “prioritizing overturning precedent at...

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