Labor Relations
NLRB GC Memo 26-04: General Counsel Targets Precedents for Reconsideration
Updated
On August 26, 2026, the General Counsel of the National Labor Relations Board issued a memo identifying cases in which she has asked, or intends to ask, the Board to reconsider a number of existing precedents. The memo tells regional offices to keep investigating and, where justified, prosecuting unfair-labor-practice cases under current Board law rather than holding them for Advice. It signals which legal theories the Office of the General Counsel now favors while day-to-day case processing continues.
Background
The General Counsel sets prosecutorial and enforcement policy for cases arising under the National Labor Relations Act. In this memo she explains that her top priorities are reducing the Agency’s case backlog and adopting sustainable case-handling practices, and she reports completing the investigation of 9,247 cases pending as of January 7, 2026.
She declined to issue a mandatory submission memorandum requiring specific cases to go to the Division of Advice. Instead, regions continue to investigate and prosecute under existing Board law, using settlement and prosecution guidance already provided to them.
A GC memo states the General Counsel’s enforcement position; it does not bind the Board or the courts, which may reject the positions it describes.
Positions the General Counsel Has Taken
The memo summarizes precedents the General Counsel has already argued should be revisited in pending matters. She has urged overruling McLaren Macomb on severance and employment agreements, Stericycle on work rules, and the consent-order approach in Metro Health.
On captive-audience meetings she asks the Board to reverse Amazon.com Services LLC and return to Babcock & Wilcox. On predictions about the impact of unionization she departs from her predecessor’s view of Siren Retail and would reinstate Tri-Cast, Inc. On dress codes she argues against Tesla, Inc. and for Wal-Mart Stores, Inc., and on the waiver of the right to bargain she would overturn Endurance Environmental Solutions in favor of MV Transportation, Inc.
The General Counsel has asked, or intends to ask, the Board to reconsider a series of recent precedents across severance agreements, work rules, captive-audience meetings, and related areas, while directing regions to keep prosecuting cases under current Board law.
Anticipated Positions
The memo also lists precedents the General Counsel intends to challenge when a suitable case arises. These include Cemex Construction Materials Pacific on bargaining orders, with a return to NLRB v. Gissel Packing Co. and Linden Lumber, and Wendt Corporation and Tecnocap, LLC on the duty to bargain before changing terms and conditions of employment.
She further intends to revisit UFCW Local 700 (Kroger) on objector fee disclosures, Miller Plastic Products and Lion Elastomers II on protected concerted activity, Valley Hospital Medical Center on post-expiration dues checkoff, and Thryv, Inc. on enhanced remedies. She notes that briefing is ongoing in some areas and that the memo may be updated as arguments are finalized.
What This Means for You
The General Counsel has identified the Board precedents she wants reconsidered and told regions to keep prosecuting under current law in the meantime. These positions touch a broad range of unfair-labor-practice matters, from severance agreements to bargaining and remedies, and California private-sector workplaces are covered by the National Labor Relations Act where it applies.
I write these summaries as general information about developments in California employment law. They are not legal advice and don’t create a mediator–client relationship. For guidance on a specific matter, consult a qualified attorney.