NLRB Acting General Counsel Rescinds Many of Predecessor’s Memos, Sets Stage for New Labor Policy

Quick Hits

• NLRB Acting General Counsel William B. Cowen rescinded numerous memoranda from his predecessor, Jennifer Abruzzo.
• The rescinded memos included key guidance on various labor issues, such as the employee status of college athletes, remedies, and the legality of noncompete agreements and other restrictive covenants.

In Memorandum GC 25-05, the newly installed acting general counsel rescinded at least eighteen prior general counsel memos and named more that are “rescinded pending further review,” including Memorandum GC 25-04, which was issued just days before President Donald Trump took office and addressed the enforcement of the National Labor Relations Act (NLRA) in conjunction with federal equal opportunity laws.

“Over the past few years, our dedicated and talented staff have worked diligently to process an ever-increasing workload,” Acting General Counsel Cowen said in the memo. “Notwithstanding these efforts, we have seen our backlog of cases grow to the point where it is no longer sustainable. The unfortunate truth is that if we attempt to accomplish everything, we risk accomplishing nothing.” 

On February 3, 2025, President Trump tapped Cowen, who was serving as the Regional Director for the NLRB’s Los Angeles Region Office (Region 21), to serve as the acting general counsel. That move came days after President Trump shook up the NLRB, discharging former General Counsel Jennifer Abruzzo and removing NLRB Member Gwynne Wilcox, whose term was not set to expire until August 2028.

In his first memo, Acting General Counsel Cowen rolled back much of former General Counsel Abruzzo’s policy agenda and set the stage for a new NLRB and labor policy under the Trump administration.

Rescinded memos include:

• GC 21-06 – instructing Regions to seek “the full panoply of remedies available” in unfair labor practice (ULP) cases;
• GC 21-07 – instructing Regions to craft settlement agreements that “ensure the most full and effective relief”;
• GC 21-08 – taking the position that certain college athletes are “employees” under the NLRA;
• GC 23-08 – declaring that the “proffer, maintenance, and enforcement” of noncompete agreements in employment contracts and severance agreements violate the NLRA;
• GC 25-01 – taking the position that so-called “stay-or-pay” provisions are unlawful;
• GC 22-06 – advising Regions that they may seek a judgment to force employers to comply with the specific terms of settlement agreements in ULP cases;
• GC 23-02 – raising questions about the impact of electronic monitoring on employee’s Section 7 rights; and
• GC 23-05 – clarifying that the Board’s February 2023 McLaren Macomb decision that nondisparagement and confidentiality provisions in severance agreements are unlawful applies retroactively to agreements already signed.

The memo also rescinded GC 24-01, which provided guidance concerning the NLRB’s 2023 decision to adopt a new union-friendly recognition standard, with the intent to provide further guidance at a later date.

Additionally, the memo rescinded GC 22-04 on the right to refrain from mandatory workplace meetings as “no longer relevant” following the NLRB’s November 2024 decision to prohibit so-called “captive-audience meetings” and rescinded GC 21-01 that had allowed mail-in ballot elections, noting that “COVID-19 is no longer a Federal Public Health Emergency.”

Next Steps

The rescission of the former general counsel memos under the Trump administration was expected, and more changes at the NLRB and in labor policy are likely to follow. In the memo, the Acting General Counsel Cowen indicated that his review was ongoing and that “adjustments will be made as needed.”