The goal appears to be encouraging settlements
At the end of February 2026, the National Labor Relations Board (NLRB) General Counsel, Crystal S. Carey, issued updated case handling guidance to all regional directors. GC Memorandum 26-03 (the Memo) reinforces, clarifies, and in some cases redirects prior directives concerning unfair labor practice investigations, settlements, and evidentiary procedures.
Rather than advancing any new enforcement objectives, the Memo underscores Carey’s commitment to reducing the NLRB’s significant case backlog. The goal is greater efficiency and consistency rather than expansion of doctrine.
Settlement
The Memo’s clearest operational directive is about settlement. Regional offices are directed to approve lawful settlements and grant withdrawal requests without condition, regardless of the allegations. Prior practice had been to reject settlements in “serious” cases or when a specific regional office considered that an issue would make a good “test case.”
The NLRB’s retreat from what had been considered “enhanced remedies” — notice readings, public apology letters, and nationwide posting requirements — should make settlement easier. The Memo states that “enhanced remedies… should not be routinely included in settlement agreements or complaints” and that the NLRB is “actively reviewing” pending matters to rescind such requests where they do not meet an “elevated standard.”
‘Unlawful Rule’ Claims
The General Counsel has signaled a deemphasis on cases based solely on allegations that an employee handbook rule or policy could negatively affect protected employee rights.
Citing the NLRB’s limited resources, the Memo states that “facial challenges” to common handbook and policy language that have no material impact on actual employees or their Section 7 activities should be resolved promptly — either through settlement or mediation.
Also, if employers charged with such unlawful rule claims modify or rescind those rules, the Memo directs regional offices to dismiss the charge or request that it be withdrawn.
Evidence
The Memo clarifies the NLRB’s expectations regarding evidence requests. Charging parties are expected to produce supporting evidence within two weeks of filing, and record requests to employers must be specific, relevant, and limited to “what is necessary to assess the merits of the case.” Broad and boilerplate document requests are now discouraged unless directly pertinent.
Carey also emphasized that requests for 10(j) positions — i.e. requests for the NLRB to issue injunctions to prevent alleged unfair labor practices under the labor laws — should be rare and limited to cases that truly warrant injunctive consideration.
Considerations
Employers with pending charges or complaints before the NLRB are advised to consider how this guidance affects their defense or settlement strategy. Dismissal of some or all allegations may be warranted. If you have any questions or concerns about this or any issue affecting your business, don’t hesitate to contact Orr & Reno for assistance.
