New NLRB General Counsel Prioritizes Backlog Reduction And Consistency

February 3, 2026

 

What's New

On January 28, 2026, new NLRB General Counsel Crystal Carey issued Memorandum GC 26-02 signaling a more measured start to her tenure, opting not to issue the kind of early, wide ranging “Mandatory Submissions to Advice” memo that recent GCs have used to outline major policy shifts. Instead, regional offices will continue using the standard list of required submissions, such as cases involving novel legal theories, unsettled Board law, split circuit authority, or proposed departures from precedent.

GC Carey explained that this approach is intended to address the agency’s substantial case backlog and improve consistency in case processing and enforcement actions across regions. She also indicated that further operational guidance—addressing case processing, settlements, and remedies—will follow in the coming weeks.

What It Means

At least initially, the new GC is not prioritizing cases designed to revisit or overturn recent Board precedent. While such issues may still arise through ordinary case handling, they are not a central focus on the GC’s early agenda.

The emphasis on operational efficiency and consistency could modestly reduce delays in charge investigations and settlement approvals. However, the GC acknowledged that the backlog has developed over time and that improvement will likely be gradual.

What You Should Do

Employers with matters pending before the NLRB should consider early engagement with regional staff on settlement options, consistent with the GC’s focus on timely outcomes. Employers should also monitor forthcoming guidance on case processing and remedies, which may further clarify regional practices. CWC members can discuss implications of this approach at an upcoming Conversation Corners.





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