On February 27, 2026, NLRB General Counsel Crystal S. Carey issued Memorandum GC 26-03, signaling a significant shift in the Agency’s approach to case handling and enforcement of the National Labor Relations Act (NLRA). This new guidance emphasizes efficiency, the prioritization of settlements, and a more focused use of Agency resources.
Key Takeaways from GC 26-03
The memorandum outlines several initial opportunities to promote what the General Counsel describes as “fair, efficient, and consistent enforcement” of the Act.
- Prioritization of Settlements. The NLRB is doubling down on resolving cases through settlement rather than litigation whenever possible.
- Regions are instructed to approve informal Board settlements or grant withdrawal requests if the terms are lawful, regardless of the underlying allegations.
- Enhanced remedies such as public apology letters, notice readings, or nationwide postings should no longer be “routinely included” in settlements or complaints.
- These stronger remedies are now reserved only for “egregious and recidivist” situations.
- Changes to Work Rule Allegations. The General Counsel is shifting away from pursuing cases based solely on the “maintenance” of potentially unlawful rules where there is no evidence of actual enforcement.
- Regions should not use limited resources to pursue rules that have not been enforced or shown to impact employees.
- If a charged party agrees to modify or rescind a rule, Regions should seek a withdrawal or dismissal of the charge.
- Investigations will now focus on “clear, facial violations,” such as total bans on discussing wages, while considering an employer’s industry and business justifications.
- Updated Investigatory Procedures. New protocols aim to streamline the evidence-gathering process and reduce the burden on employers.
- Evidence Requests. “EAJA letters” (requests for evidence) will not be sent to an employer until the Board agent is satisfied the charging party has established a prima facie case.
- Scope of Requests. Requests for documents must be “specific, relevant, and confined” to the merits of the case. For example, Regions should avoid requesting entire handbooks if only a single rule is at issue.
- Timelines. Charging parties are expected to support their allegations within two weeks of filing.
- Affirmation of Recent Policy Shifts. The memorandum confirms that prior guidance from 2025 remains in effect, including the decision to stop asking the Board to revisit established case law such as Ex-Cell-O Corp. and Caesars Entertainment.
Notably, the Stericycle remains in place for now and employers should be aware that the NLRB may continue scrutinize neutral workplace policies that could be interpreted as chilling protected concerted activity under Section 7 of the NLRA.
Next Steps for Employers
Considering this shift toward a more practical and settlement-focused NLRB, employers should consider the following actions:
- Review Workplace Rules: Even though the NLRB is less likely to pursue non-enforced rules, ensure your policies (especially those regarding wage discussions) have clear business justifications and do not present facial violations of the Act.
- Re-evaluate Pending Litigation: If you have active cases involving “maintenance-only” rule violations or requests for “enhanced remedies,” consult with counsel to determine if a settlement or dismissal is now more likely under the new guidance.
- Prepare for Investigations: If a charge is filed, be aware that you can provide information early in the process, even before receiving a formal request to potentially achieve a quicker dismissal or more favorable settlement terms.
- Monitor Handbook Compliance: Since the NLRB will now focus on industry-specific justifications for rules, ensure your handbook and policies are tailored to your specific operational needs.
