Key Points

• The new NLRB is prioritizing efficiency and consensus. Since the Republican members took office on January 7, the Board has issued over 30 decisions with few personal footnotes, signaling a focus on unity. Members Murphy and Mayer have also stated they will not overrule Biden-era precedent without full three-member agreement, so employers should not expect rapid policy reversals.
• New General Counsel Crystal Carey is focused on clearing the regional case backlog. In a departure from typical practice, Carey's first memo did not announce policy priorities but instead emphasized efficient case processing at the regional level. This approach may result in faster resolution — including dismissal — of unfair labor practice charges. Employers should watch for additional guidance on settlements and remedies.

Since taking office in January, the new Republican majority at the National Labor Relations Board (NLRB) and the new General Counsel have sent a clear, unified message: their top priority is efficiency. For employers, this signals a period of faster case processing rather than rapid, sweeping changes to labor law.

Fewer Personal Footnotes

The new Board members, James Murphy and Scott Mayer, and Democratic holdover David Prouty, have written very few personal concurring or dissenting footnotes, suggesting a focus on efficiency and unity over individual commentary. Historically, members include personal footnotes in decisions, even when agreeing with a majority decision, to stake out their own individual positions. However, it is early in the new Board's tenure and we have not seen many controversial issues yet.

No Rapid Reversals: Biden-Era Precedent Likely to Hold (for Now)

Murphy and Mayer have said in multiple decisions that they will not overrule precedent without a full three-member consensus. While this is a longstanding tradition, it is not a legal requirement. Employers should temper their expectations for quick reversal of Biden-era precedent.

Regional Case-Processing

In a departure from typical practices, new General Counsel Crystal Carey’s first memo in late January did not outline policy priorities.

Instead, she announced her priority is addressing the case backlog at the regional level as efficiently as possible, citing constant priority shifts, impediments to settlements and inconsistent case processing across regional offices. Typically, a new General Counsel issues a memo early in their tenure that's essentially a priority list instructing regional offices which cases to send to headquarters for review. General Counsels have used these memos to flag areas where they want to change existing law.

Bill Cowen, the Acting General Counsel for most of 2025, issued a memo rescinding many of the Biden-era General Counsel’s priorities. Since Carey has not vacated Cowen's memo, presumably it stands. Carey, while not referring to Cowen’s memo, made clear that regions must continue to submit to headquarters cases that are normally submitted, such as cases with novel legal theories, cases with no existing Board law, or cases where the Courts of Appeals are split.

What Employers Should Expect Next

The new focus on efficiency may lead regional offices to process and potentially dismiss unfair labor practice charges at a greater pace. Employers should monitor developments, including additional forthcoming guidance from the General Counsel on case processing, settlements and remedies.

For more information, please contact Mark Eskenazi at meskenazi@foxrothschild.com or 202.461.3109, Katie Cohodes at kcohodes@foxrothschild.com or 312.276.1321, or any other member of our Labor & Employment Department. Listen to their podcast, “Labor Law Lineup”, covering NLRB developments, on Spotify, Apple or wherever you get your podcasts.

This information is intended to inform firm clients and friends about legal developments, including the decisions of courts and administrative bodies. Nothing in this alert should be construed as legal advice or a legal opinion. Readers should not act upon the information contained in this alert without seeking the advice of legal counsel. Views expressed are those of the authors and not necessarily this law firm or its clients.