I don't think the second-to-last paragraph is correct. A lot of "go" advice memos are released years after the fact, once the litigation in question wraps up, and it's my understanding that this is the default rule (i.e., it happens unless there's a specific decision made to keep the document nonpublic, perhaps because of some ongoing litigation in some other case). Thus, if you sort the memos on the NLRB website by issuance date, you will invariably see a page full of "no-go" memos, but if you sort them by RELEASE date, you will find plenty of "go" memos.
The post is, however, correct that viewing Advice as producing mostly "no gos" is off base. From personal experience, I'd guess that about 60% of submissions to Advice result in a "go," maybe even as high as two-thirds-- definitely distinctly more than half. For discretionary submissions, it's higher still-- maybe closer to 80%. My theory is that regional offices who view a case as an easy dismissal will not bother to put the work in to write the case up as an Advice submission unless they absolutely have to (e.g. because it raises some issue that the GC has designated a mandatory submission), even if it raises interesting unresolved legal issues.
I don't think the second-to-last paragraph is correct. A lot of "go" advice memos are released years after the fact, once the litigation in question wraps up, and it's my understanding that this is the default rule (i.e., it happens unless there's a specific decision made to keep the document nonpublic, perhaps because of some ongoing litigation in some other case). Thus, if you sort the memos on the NLRB website by issuance date, you will invariably see a page full of "no-go" memos, but if you sort them by RELEASE date, you will find plenty of "go" memos.
The post is, however, correct that viewing Advice as producing mostly "no gos" is off base. From personal experience, I'd guess that about 60% of submissions to Advice result in a "go," maybe even as high as two-thirds-- definitely distinctly more than half. For discretionary submissions, it's higher still-- maybe closer to 80%. My theory is that regional offices who view a case as an easy dismissal will not bother to put the work in to write the case up as an Advice submission unless they absolutely have to (e.g. because it raises some issue that the GC has designated a mandatory submission), even if it raises interesting unresolved legal issues.