After terminating Biden appointee Jennifer Abruzzo, President Trump appointed William B. Cowen as Acting General Counsel (AGC) of the National Labor Relations Board (NLRB). The General Counsel is responsible for the investigation and prosecution of unfair labor practice cases. Accordingly, the General Counsel has great power to affect labor law policy, as it can decide what types of cases are brought before the Board and argue for more pro-union or pro-employer interpretations of the National Labor Relations Act. Additionally, the General Counsel often issues memoranda providing policy guidance as to how the General Counsel, and the NLRB’s regional field offices, will interpret the Act.
Cowen quickly signaled a sharp departure from his predecessor’s pro-union policies, rescinding many via Memorandum GC 25-05 issued on February 14, 2025. Cowen’s memo rescinds 18 memoranda issued by former GC Abruzzo, including GC 21-06 and GC 21-07, instructing Regions to seek expansive remedies in unfair labor practice (ULP) cases and settlement agreements; GC 21-08, classifying student-athletes as “employees” under the National Labor Relations Act (NLRA); GC 23-08 and GC 25-01, asserting that noncompetes and “stay-or-pay” provisions violate the Act; GC 21-01, which permitted mail-in ballot elections during the COVID-19 pandemic; and more. AGC Cowen also rescinded 13 additional memoranda pending further guidance, including GC 24-01 on the Board’s union-friendly recognition standard...
The Department of Justice (DOJ) is rapidly expanding the scope of False Claims Act (FCA) enforcement, and contractors with federal funding are squarely in the crosshairs. Deputy Attorney General T...