Takeaways
NLRB General Counsel Crystal Carey’s 08.26.26 memo identifies seven Biden-era precedents for which she has already sought change and another six she intends to challenge when an appropriate case arises.
With a new 3-1 Republican NLRB majority in place, potential shifts may be expected along Carey’s priorities.
Existing Board precedent remains controlling unless and until the Board changes it.
National Labor Relations Board General Counsel (GC) Crystal Carey has given employers the clearest picture to date of the Biden-era Board precedent she wants reconsidered.
Issued Aug. 26, 2026, GC Memorandum 26-04, “Further Guidance Regarding General Counsel Priorities,” identifies seven areas in which Carey has already taken positions seeking changes in Board law and six additional areas she intends to challenge when an appropriate case arises.
The timing is particularly significant. James Macy was sworn in as the Board’s third Republican member on Aug. 7, 2026, cementing a 3-1… Read the complete article here...
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