After terminating Biden appointee Jennifer Abruzzo, President Trump appointed William B. Cowen as Acting General Counsel (AGC) of the National Labor Relations Board (NLRB). The General Counsel is responsible for the investigation and prosecution of unfair labor practice cases. Accordingly, the General Counsel has great power to affect labor law policy, as it can decide what types of cases are brought before the Board and argue for more pro-union or pro-employer interpretations of the National Labor Relations Act. Additionally, the General Counsel often issues memoranda providing policy guidance as to how the General Counsel, and the NLRB’s regional field offices, will interpret the Act.
Cowen quickly signaled a sharp departure from his predecessor’s pro-union policies, rescinding many via Memorandum GC 25-05 issued on February 14, 2025. Cowen’s memo rescinds 18 memoranda issued by former GC Abruzzo, including GC 21-06 and GC 21-07, instructing Regions to seek expansive remedies in unfair labor practice (ULP) cases and settlement agreements; GC 21-08, classifying student-athletes as “employees” under the National Labor Relations Act (NLRA); GC 23-08 and GC 25-01, asserting that noncompetes and “stay-or-pay” provisions violate the Act; GC 21-01, which permitted mail-in ballot elections during the COVID-19 pandemic; and more. AGC Cowen also rescinded 13 additional memoranda pending further guidance, including GC 24-01 on the Board’s union-friendly recognition standard adopted in Cemex Construction Materials Pacific, LLC, 372 NLRB No. 130 (2023).
This move comes in the wake of President Trump’s controversial decision to remove Democratic Board Member and Chair Gwynne Wilcox in addition to discharging Abruzzo. Section 3(a) of the NLRA states that “[a]ny member of the Board may be removed by the President, upon notice and hearing, for neglect of duty or malfeasance in office, but for no other cause.” Although a federal judge ruled on March 6 that Trump exceeded his authority by firing Wilcox, the NLRB has since taken the position in at least six pending court cases that removal protections are unconstitutional. Regardless, the termination of Abruzzo and appointment of Cowen will undoubtedly shift the landscape of labor law.
Bottom Line
While the rescission of the former general counsel memos was expected under the Trump administration, the move nevertheless reshapes federal labor law in a more pro-employer direction. Acting General Counsel Cowen has indicated that further adjustments will be made as needed. We will continue to monitor and report on these developments.