Host Tom Godar welcomes back to the show Husch Blackwell attorney Mary-Ann Czak for the second installment of a two-part discussion on a recently published memorandum from William Cowen, Acting General Counsel of the National Labor Relations Board (NLRB). The memo sets forth guidelines for NLRB regions to use in approaching settlement agreements that urge NLRB personnel to “focus on pursuing foreseeable harms that are clearly caused by the unfair labor practice.”

In Part I of our show, Tom and Mary-Ann explore how the memo could lead to a reduction of the board’s pursuit of expansive make-whole remedies that had created significant dissatisfaction among management-side counsel.

In Part II, Tom and Mary-Ann discuss the possibility of seeing more non-admission clauses as part of settlement agreements under the current NLRB. The use of these clauses saw a sharp decline during the Biden administration as a matter of board policy; however, the Cowen memo seemingly rolls back this approach, providing the regions with ample latitude to incorporate non-admission clauses as they see fit.

Tom and Mary-Ann then consider the issue of non-admission clauses from a more holistic standpoint vis-à-vis the Cowen memo. They contend that the memo restores a level of discretion to the regions, while attempting to strike a more practical-minded balance in the enforcement of labor law violations.

The conversation then moves on to consider the NLRB’s 2022 Thryv case, which expanded available remedies under the National Labor Relations Act, and how Thryv might be approached by a newly constituted board.

Don’t miss this episode covering how NLRB policy could be changing regarding settlements.

Related Materials

National Labor Relations Board Office of the General Counsel. “Seeking Remedial Relief in Settlement Agreements,” Memorandum GC 25-06, May 16, 2025.

National Labor Relations Board Office of the General Counsel, “Full Remedies in Settlement Agreements,” Memorandum GC 21-07, September 15, 2021.

Thryv Inc. and International Brotherhood of Electrical Workers, Local 1269, case number 20-CA-250250, before the National Labor Relations Board.

Host Tom Godar welcomes back Husch Blackwell attorney Mary-Ann Czak for a two-part discussion on a recently published memorandum from William Cowen, acting general counsel of the National Labor Relations Board (NLRB). The memo sets forth guidelines for NLRB regions to use in approaching settlement agreements that urge NLRB personnel to “focus on pursuing foreseeable harms that are clearly caused by the unfair labor practice.”

In Part I of our show, Tom and Mary-Ann explore how the memo could lead to a reduction of the board’s pursuit of expansive make-whole remedies that had created significant dissatisfaction among management-side counsel. As Mary-Ann explains, the NLRB’s aggressive posture on remedies was the product of a 2021 memorandum that directed board prosecutors to expanded remedies in settlement agreements, including consequential damages and employer letters of apology, among other items. In 2021, the board had a 100% settlement rate; by 2024, it had dropped to 96.3%.

Some companies regarded the 2021 memorandum as punitive and have been willing to litigate rather than submit to what they regarded as an unfair settlement process that had created labor-management discord, extended the timeline for resolving cases, and driven up costs for both the government and litigants. Our conversation also covers some practical suggestions regarding the default language found in settlement agreements.

Don’t miss this episode that covers how NRLB policy regarding settlements could be changing, and stay tuned for Part II, which will cover non-admission clauses and other settlement issues in the Cowen memo.

Related Materials

National Labor Relations Board Office of the General Counsel. “Seeking Remedial Relief in Settlement Agreements,” Memorandum GC 25-06, May 16, 2025.

National Labor Relations Board Office of the General Counsel, “Full Remedies in Settlement Agreements,” Memorandum GC 21-07, September 15, 2021.

Host Tom Godar welcomes Husch Blackwell colleague Adam Doerr back to the show for the second and final part of a conversation exploring how organized labor has approached the early days of Trump 2.0. In this episode, Tom and Adam further consider trends in unfair labor practice filings with the National Labor Relations Board, including how allegations are framed up and presented to the Board for its consideration. The conversation then pivots to explore union election filings since the inauguration of Donald Trump and whether leadership changes at the NLRB have had any impact on the frequency of filings.

Tune in to get insights on how organized labor and management have approached the transition in administrations and what the future might hold.

Host Tom Godar welcomes Husch Blackwell colleague Adam Doerr to the show for a two-part episode to discuss how organized labor has approached the early days of Trump 2.0. Among other actions, the administration dismissed the National Labor Relations Board’s Chair and General Counsel in late-January 2025, establishing a change of direction for the board.

In Part I of the show, Tom and Adam discuss the union reaction to these changes, and Adam provides an analysis of union activity since then—focusing on the number of filings for unfair labor practices—and whether the new direction of the board, or its lack of a quorum have affected these filings. In Part II, the conversation will shift to consider trends in union elections since January.

Be sure to tune in to gain useful perspectives on how unions are approaching this new labor law landscape.

Husch Blackwell’s Tracy Wolf and Rufino Gaytán continue their engaging discussion with Labor Law Insider host Tom Godar regarding changes being initiated at the National Labor Relations Board (NLRB) under the Trump administration. The conversation explores questions about the viability of mandates under the NRLB’s recent Cemex and Stericycle decisions. The discussion also tackles the impact of a more management-friendly NLRB on unions that are filing charges or seeking certification elections.

The insiders also anticipate the practical, day-to-day changes in policies and practices that employers may consider given recent developments. For instance, should employers communicate differently with their employees under this new regulatory regime, and should handbooks and policies be revised? Jump into Part II of this fascinating discussion regarding the ever-changing world of labor law.

The firing of National Labor Relations Board General Counsel Jennifer Abruzzo—and the rescission of many of the policies initiated under the Biden administration—is just the start of the new administration’s overhaul of labor policy. Labor Law Insider host Tom Godar welcomes Husch Blackwell’s Rufino Gaytán and Tracy Wolf for this fascinating discussion that takes stock of where we are now and, more significantly, what the next few months will bring as the Trump administration takes full hold of the NLRB machinery.

The insiders discuss not only the expected pro-management changes to come, but the unexpected appointment of a union-friendly Department of Labor secretary and pro-union comments by the president regarding the longshoremen who threatened a strike in January. Please join us for this entertaining discussion of what we know about real or potential changes in policy, including how the administration will likely approach the National Labor Relations Act. The insiders offer predictions for what might happen and when. Part II of this podcast will assess how these changes will impact policies and processes of employers in every sector and industry.

Labor Law Insider host Tom Godar is joined by attorneys Tyler Paetkau and Jason Montgomery to discuss the ever-changing labor law implications for college athletes. We dive into the issue of whether student athletes have the ability to be recognized as employees for purposes of forming unions and to receive compensation for use of their name, image and likeness. This engaging conversation explores the impact of the new Trump administration on the willingness of unions to push for recognition of student athletes as employees.

The Insiders also discuss the proposed settlement of the House case which would resolve the litigation around NIL compensation for student athletes and establish rules for NIL money distribution to student athletes. Tyler and Jason also offer thoughts regarding legislative responses to this changing area. Join the Labor Law Insiders for this terrific exchange on one of the most interesting areas affecting the labor law today.

Labor Law Insider host Tom Godar is joined by Husch Blackwell attorneys Mary-Ann Czak and Rufino Gaytán in Part II of our post-election analysis of labor law and policy.

The Insiders discuss anticipated Trump administration changes that will likely reverse some of the policies and decisions of the current National Labor Relations Board (NLRB) and its General Counsel. Our guests review seminal cases reflecting the current Board’s interpretation of the NLRA, which have redefined unfair labor practices and the reach and authority of the NLRB.

Also included is a brief discussion of the very surprising nomination by President-elect Trump of Lori Chavez-DeRemer to lead the Department of Labor. This pro-union pick is causing consternation and speculation among those in the employer community. Join us for this must-listen installment of the Insiders for perspectives on where labor policy could be headed under a second Trump administration.