Return To Normalcy At The NLRB? – New General Counsel And Board Members Signal That Stability And Addressing Backlog Are Priorities

With the December 2025 appointment of two Board members and a new General Counsel, the National Labor Relations Board (NLRB or the Board) is up and running again. Recent developments from the General Counsel's office and the Board signal important guidance about the Agency's priorities as Trump's appointees take the helm.

Case Backlog

On January 28, 2026, General Counsel Crystal Carey issued GC Memo 26-02, announcing departure from the traditional opening memo listing cases or topics that the General Counsel wishes to revisit and reconsider. Instead, Carey said her priority is to address the backlog of cases, not add to it. Carey wrote:

Carey's statement is perceived by some as a jab at Board leadership under the Biden Administration, which prioritized reversal of longstanding precedent and pushed novel theories of law.

Regions were instructed to continue following the standard categories of cases that require mandatory submission to the NLRB's Division of Advice, such as matters involving novel legal theories, remedies, efforts to overturn precedent, or circuit splits. In the coming weeks, Carey will issue guidance on operational focused topics such as case processing, settlements and remedies, "all aimed at achieving consistent, fair and prompt resolution of charges across the Agency."

Carey's memo signals a possible return to normalcy at the Agency – and perhaps to longstanding precedent. For some, this may be a welcome change, as compared to navigating the ever-changing federal labor law landscape.

Expanded Remedies Remain

On January 28, the NLRB's three-member Board declined an opportunity to reconsider its 2022 decision in Thryv, Inc., 372 NLRB No. 22. That decision expanded the standard remedy in unfair labor practice cases to include compensation for "direct or foreseeable pecuniary harms" resulting from an unlawful action. Previously, the remedy for unfair labor practice cases had been a "make whole" remedy, usually limited to back pay and reinstatement of a terminated employee.

In a footnote in the case, Republican Board Members James Murphy and Scott Mayer stated that they would apply Thryv in the absence of a three-member majority to overrule it, indicating an appetite to reverse Thryv only when the full three-member complement of Republican Board members has been appointed. Currently two Board seats remain vacant.

For now, employers are still subject to the broader remedy for unfair labor practices.

New Intake Protocol

On December 23, 2025, the NLRB issued an internal memo announcing a new intake protocol for incoming charges that will require unions and employees to clear certain hurdles before the charges are assigned for investigation.

Under the updated protocol:

• New charges are placed on an "unassigned" list instead of being immediately assigned to a Board agent.
• Charging parties must submit supporting information (such as a timeline, relevant documents, and a list of witnesses) generally within two weeks.
• If a charging party does not cooperate or fails to provide evidence supporting a credible claim, the charge may be dismissed.
• Certain urgent matters (such as those involving potential injunctions) are still assigned immediately.

Following issuance of this revised intake protocol, the NLRB responded to what it called a "general misunderstanding" of the reasons for the updates. The NLRB asserted that the two-week deadline for charging parties to provide supporting information is consistent with longstanding practice. The NLRB further explained that the purpose of the new protocol is to relieve the backlog of cases and reduce the need for follow-up after a case is assigned.

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