With one stroke of his pen, the National Labor Relations Board’s (NLRB) new Acting General Counsel, William Cowen, has effectively dismantled more than two dozen key Biden-era initiatives that favored employees and unions.
Cowen’s three-page memo, issued on Feb. 14, rescinded nearly all policy directives issued by his predecessor, Jennifer Abruzzo.
GC’s Role in Shaping Policy
While the NLRB sets labor law precedent through case decisions, the General Counsel (GC) has significant power to shape its direction by selecting which legal theories and issues to push forward.
GC Abruzzo, upon taking office under the Biden administration, issued a sweeping “Mandatory Submissions to Advice” memorandum. It directed all NLRB regional offices to submit cases in more than 50 discrete categories to the NLRB’s Division of Advice. This strategy enabled her to steer litigation in hopes of overturning precedent or expanding the coverage of the National Labor Relations Act (NLRA).
During GC Abruzzo tenure, the Biden-era Board adopted her preferred policy positions on a host of key issues, including:
- expanding remedies to employees in unfair labor practice cases
- imposing harsher sanctions upon employers for unfair labor practices during union organizing campaigns
- outlawing non-disparagement and confidentiality provisions in employee separation agreements
- outlawing so-called “captive audience” meetings where employers present their views on unionization
A Sharp Turn in Policy
Following Abruzzo’s firing on Jan. 27, President Trump appointed Cowen as Acting General Counsel. Cowen’s Valentine’s Day memo, one of his first official acts, was titled “Rescission of Certain General Counsel Memoranda,” and it revoked nearly all of Abruzzo’s directives.
Notably, AGC Cowen rescinded the controversial GC 23-08, which argued that most employee non-compete agreements violated the NLRA.
Since the NLRB never formally adopted GC Abruzzo’s stance, her interpretation no longer holds weight, and regional offices are no longer obligated to issue complaints over non-competes.
What’s Next?
Cowen’s move was widely expected but nonetheless a relief for employers after years of pro-union policies. However, rolling back Biden-era decisions will take time—only a newly reconstituted NLRB can overturn case law. While this memo marks a decisive shift, the long-term impact hinges on future Board rulings.
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