Bloomberg and other sources are reporting over the last hour that the Biden administration has asked National Labor Relations Board General Counsel Peter Robb, a Trump appointee to resign. Over the last few weeks, there have been rumors that unions have been pushing Biden to fire Robb, due to his agenda, which they view as anti-union.
As General Counsel, Robb has wide discretion and a fair amount of control and authority to determine what cases the NLRB decides to prosecute. He has generally been very business-friendly and is a former management-side labor attorney at a private firm in New England. His term commenced in November 2017 and was set to continue through November 2021. Reports have indicated that if he does not resign, Biden intends to involuntarily relieve him from the position. Most believe that although Biden cannot fire an actual NLRB Board member without evidence of “neglect of duty or malfeasance in office” (See Section 3(d) of the Act), Biden has the authority to fire the General Counsel without cause.
Given the broad discretion and authority of the GC position, moving to a more union-friendly NLRB General Counsel will definitely result in quicker changes to the law that tend to be more restrictive to employers and more beneficial to unions. This will definitely be something to watch and we will continue to keep you updated.
