Louis Cannon Quoted in Law360 on NLRB Complaint Withdrawal and Enforcement Priorities
Louis Cannon was quoted in Law360’s coverage of the National Labor Relations Board’s recent withdrawal of a complaint against the Salvation Army, in the article “Pulled NLRB Complaint Sheds Little Light On GC’s Approach,” published on January 29, 2026. The article examines what the withdrawal may signal about how the NLRB’s new general counsel will exercise prosecutorial discretion and shape enforcement priorities.
From the article…
Louis Cannon, a partner at Mitchell Silberberg & Knupp LLP who advises employers on labor issues, speculated that the withdrawal has more to do with the board's jurisdiction than the claims underlying the case.
Practitioners expect Carey to challenge the board's 2023 Stericycle decision, under which the board adopted a standard to more closely scrutinize employer rules. This will require her to bring complaints like the one against the Salvation Army and use them as vehicles for urging the NLRB to rethink its precedent. Because of this, Cannon said, Carey may instead have withdrawn the complaint because its assertion of jurisdiction over the Salvation Army aligned more closely with Abruzzo's view of the NLRA's scope than her own.
"I actually think a Stericycle case she would be eager" to bring, Cannon said. "This one [involving the Salvation Army] has an added wrinkle of potentially expanding the scope of the act, to which I think this general counsel would say, 'Well, I don't want to do that, let me just pull this case.'"
If this is the reason, that suggests NLRB prosecutors under Carey will not pursue charges that turn on an expanded view of the NLRA's scope, Cannon added.
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