NLRB General Counsel Issues Case Handling Guidance

Key Takeaways

• The National Labor Relations Board’s (NLRB or Board) General Counsel oversees the agency’s regional offices and investigates and prosecutes unfair labor practice charges.
• The Board’s General Counsel Crystal S. Carey recently published a memorandum covering the agency’s approach to unfair labor practice cases and emphasized a commitment to practical resolutions, efficient use of limited resources, and a more measured approach to remedies and investigative procedures.  

On February 27, 2026, the NLRB’s General Counsel Carey issued Memorandum GC 26-03 (GC Memo), providing updated guidance on case handling practices to the agency's regional offices. The GC Memo addresses settlement practices, the treatment of rules-maintenance allegations and evidentiary procedures, and it will shape how this General Counsel’s office prosecutes unfair labor practice cases.  

The General Counsel oversees the NLRB's regional offices and is responsible for investigating and prosecuting unfair labor practice charges. Although General Counsel memorandums are not official decisions by the Board, they provide significant insight into the agency's enforcement posture and the types of cases and remedies that will be pursued. 

First, General Counsel Carey confirmed that all prior guidance issued by former Acting General Counsel William Cowen remains in effect. This includes memorandums addressing the rescission of prior General Counsel memorandums, remedial relief in settlements, surreptitious recordings, salting cases, referrals to the National Mediation Board, deferral of unfair labor practice cases, and the Agency-Wide Docketing Protocol.  

The GC Memo then announced that the Board “advocates for the resolution of cases through settlement rather than litigation whenever feasible.” It instructs that when parties agree to settlement terms and the terms are lawful, regions should approve informal Board settlements and grant withdrawal requests based on non-Board settlements, irrespective of the allegations before the region. Further, enhanced remedies—such as notice readings, apology letters, or nationwide postings—should not be routinely included in settlement agreements or complaints. Rather, they should be reserved for egregious and recidivist situations. The agency is actively reviewing pending matters and rescinding, where appropriate, any pending requests for enhanced remedies.  

General Counsel Carey also addressed cases involving allegations based solely on the maintenance of potentially unlawful workplace rules, without any concurrent allegations of enforcement or evidence demonstrating actual impact on employees. The GC Memo states that pursuing such cases is not an efficient use of the Board’s limited resources and directs regions to promptly seek settlement in any pending complaints or merit charges of this nature. When reviewing rules-related cases, regions should focus on rules that present clear, facial violations—such as outright bans on discussing wages—and must assess each rule within the framework of the charged party's industry, considering any legitimate business justifications. Rules should not be sustained simply due to vagueness; “rather, a nuanced approach must be applied, ensuring that only those rules with obvious, unjustifiable restrictions should be pursued.”  

Lastly, the GC Memo provides guidance on the agency’s evidentiary procedures during investigations. It states that charging parties should be prepared to present evidence to support their allegations within two weeks of filing a charge and that a request-for-evidence letter should not be sent to the charged party until the Board agent is satisfied that the charging party’s evidence suggests that a prima facie case exists. The Board’s requests for documents should be specific, relevant, and confined to what is necessary—for example, requests for entire handbooks should be avoided unless directly pertinent to the allegations. The GC Memo also acknowledges that not every case is appropriate for Section 10(j) injunctive relief and instructs regions to continue to accommodate reasonable requests for extensions of time to respond to regional inquiries to all parties.  

Takeaways for Employers 

The GC Memo signals a meaningful shift in the agency's enforcement posture under General Counsel Carey, emphasizing practical resolutions, efficient use of limited resources, and a more measured approach to remedies and investigative procedures. Both unionized and nonunionized employers should take note of the reduced emphasis on enhanced remedies and the more restrained approach to rules-maintenance allegations. Employers should also expect more targeted evidence requests and a continued emphasis on settlement as the Board’s preferred resolution path. Accordingly, employers should speak to experienced counsel about how this guidance may affect pending or future matters.