When the National Labor Relations Board’s Acting General Counsel William Cowen issued GC Memorandum 25-09 in early August 2025, he signaled a strategic shift in case handling—prioritize arbitration when possible, and reduce NLRB workload. The new directive encourages deferring unfair labor practice (ULP) charges when a grievance process exists, reshaping the agency’s enforcement posture.
Cowen’s guidance lays out a clear hierarchy: first, evaluate deferral under Dubo Manufacturing Corp., which allows immediate deferral if a grievance has already been filed. If Dubo’s criteria aren’t met, only then may staff consider the older Collyer Insulated Wire standard, which is more flexible but carries appeal rights. This restructuring promotes faster resolution through existing collective-bargaining mechanisms, easing pressure on NLRB resources.
The memo also overhauls reporting: instead of regional offices checking quarterly, charging parties must submit biannual status reports due March 15 and September 15—starting September 15, 2025. Missed deadlines could result in case dismissal for lack of cooperation. Meanwhile, Cowen justified the shift as a way to lean on grievance-based resolution and improve efficiency—especially amid a growing backlog of NLRB cases.
Key Highlights:
- New deferral hierarchy prioritizes Dubo criteria over Collyer.
- Regions will defer more ULP cases when grievance procedures exist.
- Reporting responsibilities now fall to parties—not just NLRB regional staff.
- A broader emphasis on efficiency reflects a more restrained enforcement posture under Cowen.
This pivot reflects Cowen’s broader approach: streamlining the NLRB to focus on cases that truly demand the agency’s involvement, while trusting contractual resolution mechanisms more than in recent years.
For further details, please contact the lawyers at Tobia & Lovelace Esq., LLC at 201-638-0990.