NLRB General Counsel Issues Case Priorities

On August 26, 2026, the General Counsel to the National Labor Relations Board (NLRB or Board), Crystal S. Carey, issued Guidance Memorandum GC 26-04 to provide information on her substantive priorities. This is good news for employers who have been waiting for changes in the law. 

First, General Counsel Carey reminds us that her procedural priority is to process aged cases to reduce the Board’s backlog and implement “sustainable, prudent case handling practices to prevent” continued backlog. She reports that the backlog of cases pending at the Board has been reduced by 50% since the implementation of new case handling procedures.

Second, she addresses her priorities in presenting legal issues to the Board for potential change, which include: 

• arguing to overturn Stericycle, the 2023 decision that adopted a stringent test for determining whether workplace rules are lawful under the National Labor Relations Act (NLRA);
• encouraging the Board to reverse Amazon.com Services LLC, which banned captive audience speeches by employers;
• encouraging the Board to reverse the 2024 decision in Siren Retail Corp. d/b/a Starbucks that significantly restricted employers’ ability to speak to their employees about the negative impacts of unionization; 
• challenging the Board’s decision in Cemex Construction Materials Pacific, LLC, which completely changed the process for determining when employers are required to recognize and bargain with unions; 
• urging the Board to revisit Lion Elastomers, the 2023 case that changed the standard for determining whether discipline for profane outbursts or offensive statements violates the NLRA; and
• arguing to overturn McLaren Macomb, the 2023 decision that found unlawful confidentiality and nondisparagement provisions in severance agreements.

If you are loving this list, we encourage you to review the General Counsel’s Guidance for the remainder of her substantive priorities – you will find more good news there.

Caution and patience are still needed as changes to these legal issues are not guaranteed and will take time. To make the changes we are all hoping for, General Counsel Carey will first need a case presenting the issue to come before the Board for decision. Once the case is presented, it is decided by the Board Members, who may see things differently than the General Counsel. In the meantime, the law remains the same at the Board.

As always, we will keep you posted of developments and, if you have questions, contact a KZA attorney. 

KZA Employer Report articles are for general information only; they are not intended and should not be construed to be legal advice. Reading or replying to such articles does not establish an attorney-client relationship. In addition, because the subject matters and applicable laws discussed in Employer Report articles are often in a state of change and not always applicable to every type of business entity or organization, readers should consult with counsel before making decisions based on the same.