NLRB General Counsel Issues Case Handling Guidance
On February 27, 2026, the General Counsel to the National Labor Relations Board (NLRB or Board), Crystal S. Carey, issued a memorandum to NLRB Regional Directors, Officers-in Charge, and Resident Officers on case handling practices. In this memorandum, she reigns in several harmful practices common under the progressive policies of the former General Counsel, Jennifer Abruzzo.
Ms. Carey first directs the prioritization of settlements and encourages informal and non-Board settlements – resolution options that were difficult to secure during Ms. Abruzzo’s term. Ms. Carey states that “[e]nhanced remedies- such as notice readings, apology letters, or nationwide postings-should not be routinely included in settlement agreements or complaints” and exist only “to address egregious and recidivist situations.”
She next directs the Regions to stop pursuing cases based solely on the maintenance of potentially unlawful rules where no allegation is made that the rule was enforced or had an actual impact on employees. Such cases should be promptly settled or dismissed. Instead, Regions should focus on “evaluation of rules that are alleged to present clear, facial violations-such as outright bans on discussing wages among employees.”
She further directs that a request for evidence letter should not be sent to the respondent until the Board Agent is satisfied that the charging party’s evidence suggests a prima facia case. Such letters should have “more than a recitation of the allegations from the face of the charge” and should be confined to seeking those documents that are actually necessary to make a determination on the merits. For example, entire handbooks should not be requested unless directly pertinent to the allegations, curtailing the fishing expedition which has become common for the NLRB.
This common-sense, practical guidance is a breath of fresh air for employers and their advocates. If you have questions as to whether this new guidance will impact a charge or complaint pending before the Board, contact a KZA attorney for assistance.
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