President Biden's Unprecedented Firings
On the campaign trial, President Biden vowed to be the most “pro-union” president in U.S. history. He issued his support for the Protecting the Right to Organize Act (PRO Act) and his platform contains numerous union-friendly policies including promises to enact financial penalties on companies that interfere with organizing efforts and to provide public sector employees a federal guarantee to organize. He even released a video on March 1 announcing his support for Amazon workers in Bessemer, Alabama pushing to unionize.
Within mere hours of taking office, President Biden delivered on that promise by fired the Trump-appointed National Labor Relations Board General Counsel Peter Robb after he refused the administration’s call for him to resign. The general counsel investigates unfair labor practice charges, brings administrative complaints before the Board, and represents the agency before federal courts.
Robb had less than 10 months left in his four-year term, but unions had been urging President Biden to break with precedent by forcing him out immediately. Under Robb’s management-oriented leadership, the Board had rendered countless aggressively pro-business decisions and memorandums, which led to the first Board general counsel to be forced out in more than half a century—and the first to be fired in Board history.
Within mere hours of taking office, President Biden delivered on that promise by fired the Trump-appointed National Labor Relations Board General Counsel Peter Robb after he refused the administration’s call for him to resign. The general counsel investigates unfair labor practice charges, brings administrative complaints before the Board, and represents the agency before federal courts.
Robb had less than 10 months left in his four-year term, but unions had been urging President Biden to break with precedent by forcing him out immediately. Under Robb’s management-oriented leadership, the Board had rendered countless aggressively pro-business decisions and memorandums, which led to the first Board general counsel to be forced out in more than half a century—and the first to be fired in Board history.
National Labor Relations Board General Counsel Peter Robb testifies before a House panel in March. Photographer: Sarah Silbiger/Bloomberg Law
General Counsel and Chairman Developments
Deputy General Counsel Alice Stock briefly assumed the role of acting general counsel the following day, but she was also terminated at the end of the day. President Biden then named Peter Sung Ohr, a career employee of the Board, as Acting General Counsel, who quickly worked to undo many of Robb’s policies, stating he did not plan on being a “potted plant” while serving his temporary post. Some employers have begun asserting legal challenges to Ohr’s authority, but the Republican-controlled Board on March 1 turned down an opportunity to determine whether Ohr was legitimately appointed.
In Memorandum GC 21-02, Ohr emphasized the policy of the Act is to encourage collective bargaining and protect workers’ rights to organize and rescinded 10 of Robb’s General Counsel Memoranda, determining “that a number of outstanding General Counsel Memoranda are either inconsistent with the above-described policies and/or Board law, or are no longer necessary.” He concluded GC 21-02 by promising to issue future memoranda setting forth additional new policies in the near future.
President Biden announced in February that he would nominate Jennifer Abruzzo, a lawyer for Communication Workers of America, to serve as permanent general counsel for the Board. Abruzzo previously served as deputy general counsel and acting general counsel at the Board. Her nomination was sent to the Senate on February 17, but a confirmation hearing has not yet been scheduled. Management-side lawyers are already preparing to fight her nomination, likely arguing an act taken before Robb’s term would have expired in November is unenforceable.
In addition to Robb’s removal, the President named Democratic Board member Lauren McFerran to head the Board, taking over from member John Ring, the Republican Chairman since 2018 who likewise pushed a pro-business agenda in the Trump administration. The fifth seat, reserved for a Democrat, remains vacant, however, so McFerran is still outnumbered 3-1 by Republicans on the Board.
In Memorandum GC 21-02, Ohr emphasized the policy of the Act is to encourage collective bargaining and protect workers’ rights to organize and rescinded 10 of Robb’s General Counsel Memoranda, determining “that a number of outstanding General Counsel Memoranda are either inconsistent with the above-described policies and/or Board law, or are no longer necessary.” He concluded GC 21-02 by promising to issue future memoranda setting forth additional new policies in the near future.
President Biden announced in February that he would nominate Jennifer Abruzzo, a lawyer for Communication Workers of America, to serve as permanent general counsel for the Board. Abruzzo previously served as deputy general counsel and acting general counsel at the Board. Her nomination was sent to the Senate on February 17, but a confirmation hearing has not yet been scheduled. Management-side lawyers are already preparing to fight her nomination, likely arguing an act taken before Robb’s term would have expired in November is unenforceable.
In addition to Robb’s removal, the President named Democratic Board member Lauren McFerran to head the Board, taking over from member John Ring, the Republican Chairman since 2018 who likewise pushed a pro-business agenda in the Trump administration. The fifth seat, reserved for a Democrat, remains vacant, however, so McFerran is still outnumbered 3-1 by Republicans on the Board.
The Future of the NLRB
Along with the vacant seat, President Biden will also have the opportunity to fill Member William Emanuel’s seat when it expires in August of this year.
Both appointments will require Senate confirmation, but once they are filled, the pro-business agenda of Trump’s Board will be replaced with a pro-union majority and General Counsel under an administration committed to protecting and expanding workers’ rights in the U.S.
Both appointments will require Senate confirmation, but once they are filled, the pro-business agenda of Trump’s Board will be replaced with a pro-union majority and General Counsel under an administration committed to protecting and expanding workers’ rights in the U.S.
Are you concerned about a situation your national labor organization is currently facing?
We're here to help.
We're here to help.
The information you obtain on rodtannerlaw.com or through any link on this site is not, nor is it intended to be, legal advice. Every legal situation is different and you should consult an attorney for individual advice regarding your own situation. Please see the Terms of Use for more information.
RSS Feed