President Biden Requests NLRB General Counsel Resign

Proskauer - Labor Relations

*** UPDATE:

On his first day in office, President Biden fired NLRB General Counsel Peter Robb, according to a report by Bloomberg News. This marks the first time in the history of the NLRB that a President has terminated the agency’s General Counsel before the expiration of their term. As we reported earlier below, President Biden requested Robb’s resignation earlier in the day, and he declined.

President Biden capped off his first day by naming Member Lauren McFerran, the lone Democratic member of the Board, as the Chairman, replacing previous Chairman John Ring. We expect President Biden to fill the fifth seat of the Board in the near future. President Biden will have the opportunity to appoint a third Democratic member after Member Emanuel’s term expires this August.

We will continue to keep you posted. ***

*** UPDATE:

NLRB General Counsel Peter Robb has declined to resign from him position, despite President Biden’s request he do so. According to a Law360 Report, the General Counsel stated that his removal would undermine the General Counsel’s office’s independence. President Biden reportedly gave Robb until 5:00 PM to resign, or else be fired.

It is not clear whether Robb remained in his position at the time of this posting. We will continue to monitor for updates. ***

Within hours of being sworn-in as President, President Biden’s administration asked Peter Robb, the General Counsel of the NLRB, to resign from his position, according to a Bloomberg Law report. Robb was sworn in as General Counsel on November 17, 2017 for a four year term. The Biden administration asked Robb to end his tenure about ten months early.

While President Biden cannot appoint a majority of Democratic members to the NLRB until after Member Emanuel’s term expires in August of this year, the potential replacement of the NLRB General Counsel is significant, as the GC wields prosecutorial discretion over which cases presented to the NLRB’s Regional Offices advance or not. The GC also decides which cases to submit to the Division of Advice, the manner in which unfair labor practice charges are investigated and whether injunctive relief is sought.

We will continue to monitor developments in the composition of the Board, including the likely upcoming Senate confirmation of Peter Robb’s replacement.

[View source.]

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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