On January 28, 2026, NLRB General Counsel Crystal S. Carey issued GC Memo 26 02, setting a markedly different tone from the sweeping policy agendas that have defined recent years. Rather than launching a new wave of precedent revisiting initiatives, Carey’s first major communication focuses on something far more fundamental—and urgently needed across the Agency: operational consistency, timely case resolution, and restoring predictability in regional enforcement.

For employers, this memo represents a meaningful shift. It signals a General Counsel prioritizing stability over ideological swings, and efficiency over expansive reinterpretations of the Act.

A Break from the Traditional “First Memo” Playbook

Historically, incoming General Counsels have used their initial memo to outline aggressive policy priorities and identify categories of cases to be submitted to Advice for potential reconsideration by the Board. Carey explicitly rejects that approach.

Instead, she states that no new Mandatory Submissions to Advice list will be issued at this time. Regions are instructed to follow the standard, longstanding submission criteria, including cases involving:

• Novel legal theories
• Remedies without clear precedent
• Situations where a Region seeks to overturn existing Board law
• Matters involving conflicting federal court interpretations

This is a notable departure from the rapid policy shifts of recent years, which often required Regions to elevate broad categories of cases to Headquarters, slowing case processing and creating uncertainty for employers and unions alike.

A Clear Priority: Reduce the Backlog and Restore Consistency

Carey’s memo is candid about the operational challenges facing the Agency. After meeting with NLRB staff and reviewing case data, she highlights:

• Significant backlogs across Regions
• Inconsistent case processing practices
• Frequent shifts in priorities that disrupted settlements and delayed resolution
• Overuse of Headquarters review, which slowed enforcement and created unpredictability

Her message is direct: the Agency cannot continue this cycle. The priority now is timely, fair, and consistent resolution of cases, not expanding the volume of matters routed to Washington. Carey also previews forthcoming guidance on:

• Case processing expectations
• Settlement practices
• Remedies
• Operational standards across Regions

This signals that employers should expect procedural guidance before substantive policy shifts.

What This Means for Employers

GC 26 02 is not a policy memo—it’s an operational one. But its implications for employers are significant.

1.Greater Predictability in Regional Enforcement

With fewer cases being escalated to Advice and a renewed focus on consistency, employers may see more uniform handling of charges across Regions.

2.Renewed Emphasis on Settlement

Carey acknowledges that recent years saw “impediments to settlements that all parties otherwise agree to.” Her focus on clearing backlogs suggests a more pragmatic approach to resolving disputes.

3.Reduced Risk of Sudden Precedent Shifts

By declining to issue a new Mandatory Submissions memo, Carey signals that sweeping doctrinal changes are not the immediate priority.

4.Faster Case Processing

If Regions receive the operational support Carey promises, employers may experience quicker investigations and more predictable timelines.

MJD Strategic Advisors’ Perspective

GC 26 02 represents a meaningful recalibration at the NLRB. Employers should view this memo as an opportunity to:

• Reassess internal case handling strategies
• Revisit settlement approaches
• Prepare for more consistent expectations across Regions
• Monitor forthcoming operational guidance that may affect day-to-day labor relations management

As the General Counsel issues additional memos on case processing, settlements, and remedies, we will provide detailed analysis and practical guidance to help employers navigate the evolving landscape.

Stokes Wagner will continue to monitor updates and will provide additional updates as they become available. If you have any questions, do not hesitate to contact a Stokes Wagner attorney.

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THIS DOCUMENT PROVIDES A GENERAL SUMMARY AND IS FOR INFORMATIONAL/EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED TO BE COMPREHENSIVE, NOR DOES IT CONSTITUTE LEGAL ADVICE. PLEASE CONSULT WITH COUNSEL BEFORE TAKING OR REFRAINING FROM TAKING ANY ACTION.