Labor & Employment Law Daily Wrap Up, NLRB NEWS—Agency rescinds several operations-management memoranda, (Jul 21, 2025)
By Brandi O. Brown, J.D.
The rescissions are “[c]onsistent with the approach to effectuation and enforcement of the Act expressed in Memorandum GC 25-05.”
Last week, the Division of Operations-Management of the office of the NLRB’s General Counsel announced the rescission of several operations-management memoranda, consistent with the approach found within Memorandum GC 25-05, which likewise rescinded several General Counsel memoranda.
The operations-management memoranda subject to rescission under last week’s Memorandum OM 25-08, Rescission of Certain Operations-Management Memoranda, include:
OM 25-04, re: Guidance Memorandum on Representation Case Procedure Changes;
OM 24-09, re: Ensuring Dignity and Respect in NLRB Processes to Ensure Compliance with Title VII Principles, which is being rescinded pursuant to Executive Order 14168, issued January 20, 2025;
OM 22-08, re: Promoting Productive Collective Bargaining Through NLRB-FMCS Collaboration, which is being rescinded pending future guidance;
OM 22-09, re: Ensuring Safe and Dignified Access for Immigrant Workers to NLRB Processes, which was based on GC 22-01, which has been withdrawn. According to last week’s memo, regions have been instructed to continue working with their respective Immigration Coordinators, who in turn will work with the Immigration Team in the Division of the Operations Management if immigration issues arise;
OM 21-04, re: Rescission of Certain Operations-Management Memoranda, which is also rescinded pending further guidance. Last week’s memo instructs that this rescission does not reinstate OM 19-05 or OM 20-06; and
OM 22-03, re: Responding to Inquiries Regarding Bargaining Obligations Under the Department of Labor’s Emergency Temporary Standard to Protect Workers From Coronavirus, which is being rescinded “as COVID-19 is no longer a Federal Public Health Emergency (PHE).”
Last week’s memo also instructs that OM 23-03, re: Affidavits of Non-English Speaking Witnesses, is no longer a pilot program and is now fully implemented.
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