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On March 25, President Donald Trump nominated Crystal Carey, a partner at a large management-side law firm, to be general counsel (GC) of the National Labor Relations Board (NLRB or the Board). While Carey must be confirmed by the Senate, the move arguably signals a continued management-friendly shift by the NLRB.

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Although Carey spent eight years as an attorney with the NLRB, she has criticized the Board’s recent precedent-shattering decisions barring employers from telling employees that unionization will negatively impact their relationship with management (<em>Siren Retail Corp. d/b/a Starbucks</em>, 373 NLRB No. 135 (2024)) and abolishing captive audience meetings (<em>Amazon.com Services LLC</em>, 373 NLRB No. 136 (2024)).

If Carey is confirmed, we expect her to steer the NLRB and its prosecution of cases in an employer-friendly direction, including by continuing to rescind memoranda setting out the agenda of former GC Jennifer Abruzzo, a nominee of former President Joe Biden, and looking for cases where the Board can reverse Biden-era decisions. In February, current Acting GC <a href="https://www.bakerlaw.com/insights/trumps-valentine-to-employers-the-nlrbs-acting-general-counsel-undoes-his-predecessors-agenda/">William Cowen rescinded numerous Abruzzo-issued GC memoranda</a> regarding, among other things, available remedies for unfair labor practices (GC 21-06 and GC 21-07), student-athletes’ collective bargaining rights (GC 21-08), electronic and algorithmic employee monitoring (GC 23-02), severance agreements (GC 23-05) and noncompete agreements (GC 23-08 and GC 25-01).

Cowen will continue to fill the GC role unless and until Carey is confirmed. Much like Biden did when he first came into office, Trump appointed Cowen after <a href="https://www.thebargainingtableblog.com/blogs/youre-fired-trump-takes-aim-at-the-nlrb/">discharging Abruzzo and her former deputy, then-Acting GC Jessica Rutter</a>.

A New Sheriff in Town? Trump Names His NLRB General Counsel