2/19/25: Countless Changes at the NLRB - Acting General Counsel Rescinds Over 30 Memoranda

February 19, 2025

By Nicole Elgin and Lex Shvartsmann

Since President Trump returned to office, there have been numerous changes at the National Labor Relations Board (NLRB). General Counsel Jennifer Abruzzo and Board Member Gwynne Wilcox were both removed from their positions. This leaves two members to the Board, meaning it does not have quorum until at least one more Board Member is added. William Cowen is the current Acting General Counsel.

On February 14, 2025, Cowen issued Memorandum GC 25-05 rescinding 31 former NLRB GC memoranda. GC Memoranda are nonbinding guidance; however, they serve as strong indications of the (NLRB or the Board) policy and enforcement priorities. This Memorandum demonstrates an expected shift in the Board’s priorities.

Although the Memorandum is not binding, employers should take note of certain policy changes indicated by the revocations. Among the now-rescinded memoranda are GC 21-03 on effectuation of the National Labor Relations Act (NLRA) through vigorous enforcement of the mutual aid or protection and inherently concerted doctrines, GC 21-08 on the statutory rights of student-athletes under the NLRA, GC 23-02 on the electronic monitoring and algorithmic management of employees, and GC 23-08 on non-compete agreements that violate the NLRA.

Other rescinded memoranda include those which are now considered irrelevant in light of changed circumstances or new NLRB decisions, such as GC 22-04 on the right to refrain from captive audience or other mandatory meetings or GC 21-01 on the propriety of mail ballot elections.

Lastly, a number of memoranda related to NLRB processes and procedures were rescinded “pending further guidance,” meaning that we can expect to see additional guidance on those areas in the coming months. For a full list of revoked memoranda, see Memorandum GC 25-05.

In light of the above changes, employers should remain vigilant and prepared to adjust their policies or practices to reflect these and other shifts we expect to see in the NLRB’s approach to enforcement as the new administration’s policies are put into practice.

For questions regarding NLRB policy or labor matters, contact Nicole Elgin at 503-276-2109 or nelgin@barran.com.