Last week, National Labor Relations Board (NLRB) General Counsel Crystal S. Carey issued GC Memorandum 26-04, providing additional guidance regarding her enforcement priorities and legal policy positions. The memorandum emphasizes a continued focus on reducing case backlogs, accelerating charge processing, and returning the agency’s attention to what the General Counsel describes as a more traditional, case-handling-focused approach.
Focus on Faster Case Resolution
According to the General Counsel, the agency has made significant progress in reducing a historically large backlog of pending cases. The memorandum highlights efforts to improve the timeliness of unfair labor practice investigations and case processing, with an emphasis on providing parties with more prompt resolutions of labor disputes.
The General Counsel stated that the agency is seeking to return to a model in which the NLRB focuses on efficiently enforcing the National Labor Relations Act (NLRA) and resolving charges in a neutral and timely manner.
Positions on Board Precedent
The memorandum also identifies Board decisions and legal issues that the General Counsel supports, as well as recent precedents she may seek to challenge in future cases. The NLRB indicated that the memorandum provides guidance to regional offices by outlining the General Counsel’s legal views and identifying filings that more fully explain those positions.
As a result, employers may continue to see litigation and advocacy aimed at revisiting or overturning certain Board precedents through future NLRB cases.
Shift Away from Extensive Advice-Mandatory Referrals
Notably, the memorandum does not require regional offices to submit specified categories of cases to the NLRB’s Division of Advice. According to the agency, the goal is to provide sufficient guidance regarding enforcement priorities while allowing regional offices to process cases more efficiently and avoid delays associated with mandatory referrals.
This approach reflects the General Counsel’s stated objective of improving case processing while still providing consistency regarding enforcement positions.
Additional Guidance May Follow
The NLRB indicated that as case-processing improvements continue and the backlog is reduced further, the General Counsel may issue additional memoranda and guidance addressing enforcement priorities and legal interpretations.
Employers Impacted
The memorandum is relevant to:
- Unionized employers;
- Nonunion employers subject to the National Labor Relations Act;
- Employers responding to unfair labor practice charges;
- Labor relations professionals; and
- Attorneys representing employers before the NLRB.
Employer Takeaway
Although GC Memorandum 26-04 does not itself create new legal obligations, it provides insight into how the NLRB’s Office of the General Counsel intends to allocate resources, litigate cases, and approach Board precedent moving forward. Employers facing union activity, organizing campaigns, or unfair labor practice allegations should monitor developments arising from the memorandum, as it may influence enforcement priorities and future Board litigation strategy.