In a memo issued on August 26, 2026, National Labor Relations Board General Counsel Crystal Carey has identified a number of areas in which she has actively challenged or indicated an intention to revisit existing Board precedent. Her positions reflect a broader effort to reconsider recent expansions of the Board’s interpretation of the National Labor Relations Act (NLRA) and the remedies available for unfair labor practices.
Severance agreements: Carey has argued that the Board should reconsider precedent holding that employers violate Section 8(a)(1) by offering severance agreements containing broad confidentiality or non-disparagement provisions.
Consent orders: Carey has urged the Board to restore the ability of administrative law judges to approve consent orders resolving unfair labor practice cases without the agreement of the General Counsel or the charging party.
Work rules: Carey has argued that the Board should reconsider the heightened, employee-focused standard for determining whether facially neutral workplace rules unlawfully interfere with employees’ rights under the NLRA.
Captive-audience meetings: Carey has advocated reversing precedent holding that employers violate the NLRA by requiring employees to attend meetings during which the employer expresses its views concerning unionization or union organizing.
Employer predictions concerning unionization: Carey has indicated that she does not share her predecessor’s restrictive approach to employer...
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