NLRB Acting General Counsel Rolls Back Guidance From Prior Administration

On February 1, National Labor Relations Board ("NLRB") Acting General Counsel Peter Sung Ohr rescinded a slew of General Counsel Memos issued by his predecessor, Peter Robb. On February 2, Ohr continued his actions by rolling back two Operations Management memos that were also issued during Robb's term.

Ohr's actions come one week after he was appointed to the post by President Biden following the unprecedented firings of Robb and NLRB Deputy General Counsel Alice Stock. According to Ohr, the rescinded memoranda are either no longer necessary or are inconsistent with the NLRA's policy of promoting collective bargaining, self-organization, and freedom of association.

The impact of this action is limited, as it does not change existing Board precedent; however, it is instructive as to Ohr's prosecutorial priorities as General Counsel (assuming he is appointed beyond the acting role and is confirmed by the Senate). Another variable here is that the very authority