Acting National Labor Relations General Counsel William Cowen has rescinded over a dozen Biden-Era guidance memoranda, as the National Labor Relations Board (NLRB) recalibrates from many of its previously union-friendly positions. 

Cowen’s move rescinds several of the NLRB’s more controversial memoranda on positions regarding non-competition and “stay or pay” provisions. The reversal also eliminates previously issued guidance on interpreting employer handbook policies and assessing employer conduct during union organization efforts.  

The NLRB enforces the National Labor Relations Act, which protects union and non-union employees who engage in protected concerted activities for the purposes of mutual aid or protection. While the General Counsel sets the agenda for the NLRB regional offices, which investigate and prosecute unfair labor charges, the General Counsel cannot change existing law, which is set by the NLRB’s five-member board. However, as discussed here, the January firings of NLRB Chair Gwynne Wilcox and General Counsel Jennifer Abruzzo have left the NLRB in limbo with pending cases and policy shifts stalled until new board members are appointed.  

Employers should anticipate further rescissions and the introduction of new policies and memoranda once a Board quorum is restored.