On August 26, 2026, the General Counsel (GC) of the National Labor Relations Board (NLRB or the Board), Crystal Carey, issued Memorandum GC 26-04 to Regional Directors, Officers-in-Charge, and Resident Officers, identifying a list of Biden-era NLRB precedents that she has challenged or intends to challenge. More broadly, GC Carey’s memo signals potentially significant changes ahead for employers, unions, and practitioners to navigate if her intentions come to fruition.
GC Carey opens the memo by emphasizing that her top priorities are reducing the NLRB’s historic case backlog and implementing sustainable practices to prevent a backlog of that scale from happening again. She states that those operational goals take priority over efforts to reshape NLRB law, while also making clear how she intends to use her prosecutorial discretion. The remainder of the memo identifies specific cases in which GC Carey has already filed briefs seeking to overturn precedent, as well as precedents she… Read the complete article here...
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