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Friday, February 12, 2021
With the ushering in of a new administration, several changes have quickly taken place at the National Labor Relations Board (NLRB).
Within hours of taking office, the Biden administration removed Trump appointee NLRB General Counsel Peter Robb and replaced him with interim General Counsel Peter Ohr. (Ohr may only serve as acting General Counsel for 40 days, per the National Labor Relations Act, unless the administration submits a nomination to the Senate.) At least one employer has already sought the dismissal of an unfair labor practice charge arguing that Ohr lacks authority to prosecute the case because Robb was unlawfully removed prior to the expiration of his term.
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“No president has ever taken such action in recent memory,” said Burr, the top Republican on the Senate Health, Education, Labor and Pensions Committee, at last week’s confirmation hearing for Marty Walsh
Presidents traditionally let the NLRB general counsel finish out their term. Former President Trump
An NLRB general counsel hasn’t been asked to resign since 1950, when President Truman asked for the resignation of Robert Denham because of an anti-union bill. Denham resigned, meaning Robb was the first general counsel to be fired by a president since the role was created.
When asked why Robb was the exception, a Biden administration spokesperson said he was not carrying out the objectives of the NLRB.
Right to Work Group Demands Documents on Firing of Labor Panel’s Top Lawyers
National Right to Work Foundation (NRTWF) officials are demanding copies of all documents related to President Joe Biden’s unprecedented firing of the National Labor Relations Board’s (NLRB) two top lawyers.
The lawyers were NLRB General Counsel Peter Robb and his deputy, Alice Stock, who briefly replaced her former boss; they were both subsequently replaced on an acting basis by Biden’s selection of Peter Ohr.
“On January 20 at 12:23 PM, a mere 23 minutes after the President formally took office, President Biden’s Office of Presidential Personnel demanded that Robb resign or be fired,” the NRTWF said in a statement on Feb. 10.
Last week, recently appointed acting General Counsel of the National Labor Relations Board (NLRB) Peter Ohr withdrew 10 separate guidance memos that were issued by his predecessor Peter.