In a highly controversial action, shortly after taking office President Biden moved quickly to fire Peter Robb, the U.S. Senate-confirmed Republican General Counsel of the National Labor Relations Board (NLRB), even though Mr. Robb had 10 months remaining on his statutorily-set term. In addition, Mr. Robb’s “interim” replacement, Peter Ohr, whose appointment was announced almost immediately after Mr. Robb was canned, has already made a number of significant moves to undo what labor advocates characterize as pro-management policies put in place by Mr. Robb. These developments clearly underscore Mr. Biden’s campaign promise to be “the most pro-union president” ever.
As explained in more detail below, the termination of a government official duly appointed by the President and confirmed by the Senate – in this case the NLRB’s General Counsel – before his or her statutory term expires is not only highly controversial, it raises questions as to the legality of actions taken by his or her “interim” successor. To make things even more complicated, the NLRB itself is currently composed of a Republican majority appointed by President Trump, and will remain so until at least August of 2021, absent an unexpected resignation.
Members of the Center for Workplace Compliance (CWC) can read more here.