NLRB acting general counsel issues memo on settlement agreements

At a glance

• Memorandum GC 25-06, issued by Acting General Counsel (GC) William B. Cowen, offers updated instructions to NLRB Regions on handling settlement agreements in unfair labor practice cases.
• The memo emphasizes strategic use of default language and non-admissions clauses to streamline settlements.
• It encourages targeting foreseeable harms directly caused by the unfair labor practice and limits non-monetary remedies to cases involving severe or widespread misconduct.

The National Labor Relations Board Acting GC William B. Cowen issued Memorandum GC 25-06, providing updated guidance to the Regions on approaching settlement agreements in unfair labor practice cases. The guidance is expected to streamline the settlement process and provides specific guidance on drafting settlements, including strategic use of default language and non-admissions clauses.

The memo further addresses the application of the Board’s decision in Thryv, Inc (2022), and advocates for a focus on pursuing foreseeable harms clearly caused by the unfair labor practice. Non-monetary remedies should be limited to cases involving widespread, egregious, or severe misconduct. 

The new memo follows on the heels of a GC memo issued by Mr. Cowen earlier this year rescinding a number of memos issued by Jennifer Abruzzo during her term as GC (see GC 25-05).