NLRB Acting General Counsel Cowen Issues Memo on Settlement Agreements

On Friday, NLRB Acting General Counsel William B. Cowen issued Memorandum GC 25-06. The memo, Seeking Remedial Relief in Settlement Agreements, reaffirms the Agency’s commitment to effective and efficient case resolution while providing updated guidance to the Regions on approaching settlement agreements in unfair labor practice cases.  Acting General Counsel Cowen emphasized, “we should be mindful of not allowing our remedial enthusiasm to distract us from achieving a prompt and fair resolution of disputed matters.” 

In addition to providing specific guidance on drafting settlements, including strategic use of default language and non-admissions clauses, Acting General Counsel Cowen provided parameters for Regions’ use of discretion in approving unilateral settlements and pursuing make whole relief. The memo further addresses the application of the Board’s decision in Thryv, Inc. 372 NLRB No. 22 (2022), acknowledging the expanded scope of relief while advocating for a focus on pursuing foreseeable harms that are clearly caused by the unfair labor practice.  Acting General Counsel Cowen stated, “Regional Directors once again have significant discretion to resolve matters in the way they believe best accomplishes the purposes and policies of the Act.”