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NLRB Changes Afoot Under the New Administration

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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The NLRB: A Farewell To Many Trump Administration Policies | Roetzel & Andress

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As anticipated Acting General Counsel Peter Sung Ohr took no time to rescind a significant number of General Counsel Memoranda issued by former General Counsel Peter Robb during the Trump Administration.
In a February 1, 2021, Memorandum (GC 21-02), Acting General Counsel Peter Sung Ohr reiterated the purpose of the National Labor Relations Act stating, “[s]ection 1 of the Act makes clear that the policy of the United States is to encourage the practice and procedure of collective bargaining and to protect the exercise by workers of their full freedom of association, self-organization, and designation of representatives of their own choosing for the purpose of negotiating the terms and conditions of their employment.” ....

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NLRB Acting GC Rolls Back Guidance from Prior Administration

Wednesday, February 3, 2021
On February 1, National Labor Relations Board (“NLRB”) Acting General Counsel Peter Sung Ohr rescinded a slew of General Counsel Memos issued by his predecessor, Peter Robb. On February 2, Ohr continued his actions by rolling back two Operations Management memos that were also issued during Robb’s term.
Ohr’s actions come one week after he was appointed to the post by President Biden following the unprecedented firings of Robb and NLRB Deputy General Counsel Alice Stock. According to Ohr, the rescinded memoranda are either no longer necessary or are inconsistent with the NLRA’s policy of promoting collective bargaining, self-organization, and freedom of association. ....

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