As we have previously reported, the National Labor Relations Board (“NLRB” or the “Board”) is likely to undergo substantial policy changes during President Trump’s second term. This process began when President Trump took the unprecedented step of firing former Board Member Gwynn Wilcox before her five-year term had expired and continued as William B. Cowen, the Acting General Counsel (“AGC”) who was appointed to replace fired Biden-era GC Jennifer Abruzzo, rescinded many of the more notable guidance memoranda Abruzzo issued during her term. The General Counsel is responsible for the investigation and prosecution of unfair labor practice cases and supervising the regional NLRB offices, and while the positions advanced by the General Counsel’s Office are not binding upon the Board, they nevertheless signal a shift in prosecutorial priorities and often portend eventual adoption of these positions by the Board in a future case.
