September 24, 2021

Volume XI, Number 267

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Biden Names Peter Ohr NLRB Acting General Counsel

On January 20th, 2021, President Joe Biden summarily removed National Labor Relations Board (NLRB) General Counsel Peter Robb from office. Biden removed Robb’s deputy Alice Stock the following day.  As noted, these unprecedented moves were clearly meant to change direction from that of Trump administration appointees.  However, they left the NLRB without its legal advisor and without its prosecutorial arm.

On January 25, 2021, the President named Peter Sung Ohr to be acting General Counsel on January 25.  Ohr is the NLRB’s Chicago office Regional Director. Under Section 3(d) of the National Labor Relations Act (NLRA), Ohr will only serve as acting General Counsel for a maximum of 40 days unless the administration submits a nomination to the Senate. 

The appointment of Ohr is seen as a step toward establishing a more union-friendly Labor Board.  It is thought that Ohr may soon reverse his predecessor’s operational directives and litigation initiatives. 

It is speculated that unfair labor practice complaints issued under Ohr could be challenged on the grounds that Robb’s removal, and thus Ohr’s appointment, were unlawful.  

Jackson Lewis P.C. © 2021National Law Review, Volume XI, Number 26
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About this Author

Jonathan J. Spitz, Jackson Lewis Law Firm, Labor Employment Attorney, Atlanta
Shareholder

Jonathan J. Spitz is a Principal in the Atlanta, Georgia, office of Jackson Lewis P.C. He is Co-Leader of the firm’s Labor and Preventive Practices Group.

Mr. Spitz lectures extensively, conducts management training, and advises clients with respect to legislative and regulatory initiatives, corporate strategies, business ethics, social media issues and the changing regulatory landscape. He understands the practical and operational needs of corporate America, helping design pragmatic strategies to minimize risk and maximize performance. He has represented...

404-586-1835
Richard F. Vitarelli Harford  Connecticut Labor Relations Lawyer at Jackson Lewis Law Firm
Principal

Richard F. Vitarelli is a Principal in the Hartford, Connecticut, office of Jackson Lewis P.C. Part of the firm’s national labor practice, he has over two decades of experience representing employers nationally in strategic labor relations, collective bargaining, and union organizing, including in the context of mergers and acquisitions, corporate restructuring and contract administration. He serves as general labor and employment counsel for employers and multi-employer associations in various industries, including construction, manufacturing, health care and senior living,...

860-522-0404
Thomas V. Walsh, Jackson Lewis, employment arbitration Lawyer, White plains, Union Organizing Attorney
Shareholder

Thomas V. Walsh is a Shareholder in the White Plains, New York, office of Jackson Lewis P.C. Since joining the firm in 1986, Mr. Walsh has represented employers in all aspects of labor and employment law and litigation.

Mr. Walsh has represented employers before numerous state and federal courts, regulatory agencies, as well as in numerous arbitrations. Mr. Walsh has extensive experience in representing employers faced with union organizing drives and in proceedings before the National Labor Relations Board. He has an...

914-872-6912
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