On February 14, 2025, the National Labor Relations Board (NLRB) experienced a pivotal change in direction when its Acting General Counsel, William B. Cowen, announced the rescission of multiple guidance memoranda issued by his predecessor, Jennifer Abruzzo.
This move significantly impacts several key labor issues, including the classification of college athletes as employees, remedies for labor disputes, restrictive covenants, and the procedures related to union recognition.
This shift reflects a broader realignment of federal labor policies under the Trump administration.
Notable Developments
Cowen’s actions led to the invalidation of numerous memos previously outlined by Jennifer Abruzzo.
The rescinded memoranda dealt with critical topics such as how college athletes are classified in the workforce, remedies for unfair labor practices, and the enforceability of noncompete agreements.
In a significant memorandum identified as GC 25-05, Cowen explicitly revoked at least eighteen earlier memos and pointed out that further review of additional documents was underway.
One noteworthy memo, GC 25-04, discussed the relationship between the National Labor Relations Act (NLRA) and federal equal opportunity laws; it had been issued just prior to Trump taking office.
Cowen raised alarms about the NLRB’s mounting backlog of cases.
He underscored that, despite the hard work of the staff, the department’s workload had become increasingly unmanageable.
He warned that without prioritizing tasks, the effectiveness of the NLRB could diminish.
Policy Rescissions
Appointed by President Trump on February 3, 2025, Cowen took on the role of Acting General Counsel after serving as the Regional Director for the NLRB in Los Angeles.
His appointment followed a significant reshaping of the NLRB, which included the dismissal of Abruzzo and the removal of board member Gwynne Wilcox before her term was set to conclude in August 2028.
From the outset of his tenure, Cowen signaled this new direction by retracting much of the policy framework established by Abruzzo, implying an era of transformation for the NLRB and labor relations overall.
- GC 21-06, which encouraged regional offices to seek extensive remedies for unfair labor practices,
- GC 21-07, which provided guidance on crafting settlement agreements for comprehensive relief,
- GC 21-08, which affirmed that certain college athletes could be considered employees under the NLRA,
- GC 23-08, which ruled that noncompete clauses breach the NLRA,
- GC 25-01, identifying “stay-or-pay” clauses as unlawful,
- GC 22-06, which directed regional offices to ensure employer compliance with settlement agreements in cases of unfair labor practices,
- GC 23-02, which explored how electronic monitoring affects employee rights under Section 7,
- GC 23-05, clarifying the retroactive application of a February 2023 Board ruling on nondisparagement and confidentiality clauses in severance agreements.
- GC 24-01, which had set forth a pro-union recognition standard established by the NLRB in 2023, indicating that further details would be forthcoming.
- GC 22-04 memo, which discussed employees’ rights to abstain from mandatory workplace meetings, was deemed outdated.
- GC 21-01, which allowed mail-in elections, was also revoked.
Looking Ahead
The revocation of these memoranda signals a major shift under the Trump administration, with further changes to labor policy and the NLRB’s operating procedures likely on the horizon.
Cowen expressed that his evaluation of existing policies would persist, paving the way for ongoing adjustments that respond to the evolving landscape of labor relations.
Source: Natlawreview