Executive Summary:  Board Member Terence Flynn has announced his resignation from the National Labor Relations Board (NLRB) effective July 24, 2012. 

Flynn announced his resignation on May 26, 2012.  He immediately recused himself from all Board business and has asked President Obama to withdraw his nomination for Board member.  The President nominated Flynn in January 2011 and recessed appointed him as well as Sharon Block and Richard Griffin on January 4, 2012[1]. 

Flynn has been the subject of an investigation following accusations by the NLRB Inspector General that he inappropriately disclosed non-public information about Board deliberations and other issues while he served as chief counsel to Member Peter Schaumber.  Flynn has consistently denied these allegations.

In a statement to the NLRB staff issued May 29, the remaining Board members acknowledged that "the events leading up to this announcement may have been the cause of some frustration among our staff" and expressed regret that "these highly unusual circumstances gave the Board much to consider and very little that could be shared."  The Board further stated that it holds "sacred the ethical principles that are central to this Agency, including safeguarding confidential information and deliberations."  The statement is available at: http://www.nlrb.gov/node/4095.

Employers' Bottom Line:

Flynn's resignation leaves the Board with four members, three Democrats and one Republican.  If the President follows tradition, he will nominate a Republican to replace Flynn.

If you have any questions regarding this Alert, please contact the Ford & Harrison attorney with whom you usually work.

[1] For a more detailed discussion of the President's recess appointments, please see our January 6, 2012 Legal Alert, "President Recess Appoints Three Members to NLRB," available at: http://www.fordharrison.com/shownews.aspx?show=7882.