On February 27, 2026, the National Labor Relations Board’s Office of the General Counsel issued a new Case Handling Guidance memorandum (GC Memo) outlining updated expectations for how Regions investigate, resolve, and prioritize unfair labor practice cases.  

For employers, the GC Memo signals a more streamlined and pragmatic enforcement approach to enforcement, with increased emphasis on settlements, tighter controls on evidence requests, and reduced pursuit of cases based solely on technical rule maintenance without demonstrated impact. 

The GC Memo confirms that prior guidance issued by former Acting General Counsel Cowen remains in effect, including the rescission of several earlier General Counsel memoranda and the implementation of the Agency-Wide Docketing Protocol. The GC Memorandum further affirms that the agency will discontinue efforts to prompt the Board to reconsider specific precedents and is currently engaged in a review and withdrawal of related allegations in ongoing cases. 

The GC Memo further reinforces that settlement remains the preferred resolution whenever feasible. Regions are directed to approve lawful settlements even where allegations remain, and enhanced remedies—such as notice readings, apology letters, or nationwide postings—should not be routinely sought, but instead reserved for egregious or repeat violations.  

Furthermore, the General Counsel raised issues about cases based solely on the existence of possibly illegal workplace rules, especially when there is no proof that these rules have been enforced or affected employees in any way. Regions are instructed to seek settlement or dismissal in such cases, particularly where employers agree to remediate the challenged rule.  

Finally, the GC Memo tightens expectations around evidence requests. Charging parties are expected to produce supporting evidence within two weeks of filing, and requests to employers must be specific, relevant, and limited to what is necessary to assess the merits of the case. Going forward, broad or boilerplate document requests—such as demands for entire handbooks—are discouraged unless directly pertinent.  

A few key takeaways for employers to keep in mind: 

• Settlement is Strongly Favored. Based on the GC Memo, the NLRB stance will be to prioritize settlements over litigation and discourage routine use of enhanced remedies (e.g., apology letters, notice readings), signaling a more practical, resolution oriented enforcement posture.  

• Rule Only Allegations Face Greater Scrutiny. Cases that rely only on the existence of workplace rules—without proof that they have been enforced or affected employees—are less likely to move forward, especially if employers are willing to change or remove the rule. 

• More Focused Investigations and Evidence Requests. With regions being instructed to limit evidence requests to what is directly relevant and necessary, the burden on employers in responding to complaints should be reduced and will hopefully encourage faster case resolution.