On June 25, 2025, NLRB Acting General Counsel William B. Cowen issued GC Memorandum 25-07 to all field offices. The Memo – Surreptitious Recordings of Collective-Bargaining Sessions as a Per Se Violation of the NLRA – sets forth the argument that a party which secretly records collective bargaining session(s) commits a per se violation of the National Labor Relations Act. Acting General Counsel Cowen emphasized, “[t]he use of surreptitious recordings during the collective-bargaining process is inconsistent with the openness and mutual trust necessary for the process to function as contemplated by the Act.” Because advances in technology have made the ability to record conversations universally available, this capability warrants a clear statement that, in the collective-bargaining context, surreptitious recording is not lawful.

In view of the above, the Acting General Counsel directed Regions to issue complaint alleging a violation of the duty to bargain in good faith when the investigation shows that any party surreptitiously recorded a bargaining session.