Acting NLRB General Counsel Rescinds Biden Board General Counsel Memoranda

Although he was appointed Acting General Counsel (AGC) of the National Labor Relations Board (NLRB) less than two weeks ago, William B. Cowen has wasted no time in advancing the Trump administration’s pro-employer and efficiency agendas by issuing a memo to all NLRB field offices on February 14, 2025, in which he rescinded numerous memoranda previously issued during the Biden administration.

AGC Cowen stated in his memo that despite the hard work of the NLRB over the past few years, “we have seen our backlog of cases grow to the point where it is no longer sustainable. The unfortunate truth is that if we attempt to accomplish everything, we risk accomplishing nothing.”

AGC Cowen went on to say that after conducting a comprehensive review of existing General Counsel Memoranda, he was rescinding 18 of them. He further rescinded 13 General Counsel Memoranda pending further guidance.

Some of the more pertinent GC Memoranda rescinded were issued by AGC Cowen’s immediate predecessor, Jennifer Abruzzo, who was fired by President Trump on January 27, 2025, and pertain to:

• The finding that the use of non-disparagement and confidentiality clauses in severance agreements violated an employee’s Section 7 rights, GC 23-05 (more details here).
• Abruzzo’s edict that except in limited circumstances, the “proffer, maintenance, and enforcement” of non-compete agreements violated Section 8(a)(1) of the National Labor Relations Act, GC 23-08 (more details here).
• Abruzzo’s October 2024 follow-up to her non-compete memo in which she found that “stay-or-play” provisions under which an employee had to pay their employer if they separated from employment, infringed on Section 7 rights in many of the ways as non-compete agreements, GC 25-01 (more details here).
• The Board aggressively seeking Section 10(j) injunctions to enforce final Board orders, GC 24-05 (more details here).
• Abruzzo’s attack on captive audience and other mandatory meetings held by employers during organizing campaigns, GC 22-04 (more details here).

AGC Cowen concluded his memo to the NLRB field offices by stating, “I anticipate that further adjustments will be made as needed,” so stay tuned as we await further developments from the Labor Board.

If you have questions about AGC’s Rescission of Certain General Counsel Memoranda, or a general labor or employment question, feel free to contact Joel R. Hlavaty or any member of Frantz Ward’s Labor & Employment Group.