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.