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ARTICLE · 03 SEPTEMBER 2026

NLRB’s General Counsel Highlights Current And Anticipated Precedential Challenges

Dinsmore & Shohl LLP
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The NLRB General Counsel has issued a memorandum identifying key labor law precedents she seeks to overturn, signaling a potential shift toward more employer-friendly interpretations of workplace rules, severance agreements, and union-related policies. Which employee-protective decisions from the prior administration are now under challenge, and what could these changes mean for unionized workplaces?

United StatesEmployment and HR
Jason Hilliard
Jason Hilliard
Jeremy Smith
Jeremy Smith
Sheree E. Weichold
Sheree E. Weichold

Key Takeaways:

  • On August 26, 2026, Crystal S. Carey, General Counsel of the National Labor Relations Board (“Board” or “NLRB”), issued a Memorandum identifying precedential Board decisions that she has asked, or intends to ask, the Board to reconsider.
  • The Memorandum lists seven precedential decisions that GC Carey has already asked the Board to reconsider in pending cases. It identifies six decisions GC Carey intends to ask the Board to overturn if given the opportunity in the future.
  • Most of the decisions GC Carey has or intends to challenge are employee-friendly rules issued during the prior administration.
  • The Memorandum does not change the law but provides a helpful insight into the priorities of the Board’s current chief prosecutor.

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