Biden Names Peter Ohr NLRB Acting General Counsel

Jackson Lewis P.C.
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On January 20th, 2021, President Joe Biden summarily removed National Labor Relations Board (NLRB) General Counsel Peter Robb from office. Biden removed Robb’s deputy Alice Stock the following day.  As noted, these unprecedented moves were clearly meant to change direction from that of Trump administration appointees.  However, they left the NLRB without its legal advisor and without its prosecutorial arm.

On January 25, 2021, the President named Peter Sung Ohr to be acting General Counsel on January 25.  Ohr is the NLRB’s Chicago office Regional Director. Under Section 3(d) of the National Labor Relations Act (NLRA), Ohr will only serve as acting General Counsel for a maximum of 40 days unless the administration submits a nomination to the Senate. 

The appointment of Ohr is seen as a step toward establishing a more union-friendly Labor Board.  It is thought that Ohr may soon reverse his predecessor’s operational directives and litigation initiatives. 

It is speculated that unfair labor practice complaints issued under Ohr could be challenged on the grounds that Robb’s removal, and thus Ohr’s appointment, were unlawful.  

 

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