President Biden Asks NLRB General Counsel to Resign

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

President Joe Biden began his election campaign in a union hall in Pittsburgh and pledged on the eve of the election to be “the most pro-union president you’ve even seen.” As immediate evidence of his intent to make good on that pledge, it is being reported that one of his first acts as president (the email taking this action was apparently sent at 12:23 p.m. on January 20, 2021) was to ask for the resignation of National Labor Relations Board General Counsel Peter Robb. The president apparently gave Robb until 5 p.m. on January 20, 2021, to resign or be fired.

The Senate confirmed Robb in 2017, and he is serving a term that does not expire until November 17, 2021. Despite having functioned in a fashion similar to all recent NLRB general counsels (GC)—including several recent labor minded GCs who took similar actions but obviously on the opposite philosophical side—Robb drew the ire of many in labor and the congressmen who support them. As a result, those same labor leaders have been calling for Biden to immediately oust Robb (either by resignation or termination).

Only one other NLRB GC has been asked to leave under similar circumstances and that was in 1950, when President Truman made that request of Robert Denham. Denham subsequently voluntarily resigned. More recently, Democrat and union attorney Richard F. Griffin Jr., who President Obama appointed, served 10 months under President Donald Trump. Ronald Meisburg, a Republican who President George W. Bush appointed, served for more than 1 year under President Obama.

Robb quickly declined this request, citing its unprecedented nature and the impact this action would have both on the independent nature of the Board’s GC and the “unfortunate precedent for labor relations.” It is not clear whether Robb remains in place or whether he has been terminated as a result of his refusal to resign—that will likely become clear in the next few days.

Given this development, many may be asking what a Biden presidency with Democratic control of the Congress will mean for labor policy. Change, for sure, but how much, only time will tell. Suffice it to say, many of the most powerful leaders in the labor movement expect more than they got in 2008 with the failed Employee Free Choice Act and all expect President Biden to follow through on his promises. 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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