February 28, 2021

Volume XI, Number 59

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February 26, 2021

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President Biden Asks NLRB General Counsel to Resign

President Joe Biden began his election campaign in a union hall in Pittsburgh and pledged on the eve of the election to be “the most pro-union president you’ve even seen.” As immediate evidence of his intent to make good on that pledge, it is being reported that one of his first acts as president (the email taking this action was apparently sent at 12:23 p.m. on January 20, 2021) was to ask for the resignation of National Labor Relations Board General Counsel Peter Robb. The president apparently gave Robb until 5 p.m. on January 20, 2021, to resign or be fired.

The Senate confirmed Robb in 2017, and he is serving a term that does not expire until November 17, 2021. Despite having functioned in a fashion similar to all recent NLRB general counsels (GC)—including several recent labor minded GCs who took similar actions but obviously on the opposite philosophical side—Robb drew the ire of many in labor and the congressmen who support them. As a result, those same labor leaders have been calling for Biden to immediately oust Robb (either by resignation or termination).

Only one other NLRB GC has been asked to leave under similar circumstances and that was in 1950, when President Truman made that request of Robert Denham. Denham subsequently voluntarily resigned. More recently, Democrat and union attorney Richard F. Griffin Jr., who President Obama appointed, served 10 months under President Donald Trump. Ronald Meisburg, a Republican who President George W. Bush appointed, served for more than 1 year under President Obama.

Robb quickly declined this request, citing its unprecedented nature and the impact this action would have both on the independent nature of the Board’s GC and the “unfortunate precedent for labor relations.” It is not clear whether Robb remains in place or whether he has been terminated as a result of his refusal to resign—that will likely become clear in the next few days.

Given this development, many may be asking what a Biden presidency with Democratic control of the Congress will mean for labor policy. Change, for sure, but how much, only time will tell. Suffice it to say, many of the most powerful leaders in the labor movement expect more than they got in 2008 with the failed Employee Free Choice Act and all expect President Biden to follow through on his promises.

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© 2020, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.National Law Review, Volume XI, Number 21
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About this Author

C. Thomas Davis, Ogletree, Shareholder, employment law
Shareholder

After graduating from law school in 1987, Tom Davis began his legal career at Ogletree Deakins and is currently the practice group leader of the firm’s Traditional Labor Practice Group. Mr. Davis represents employers in all aspects of employment law matters with a primary focus on the area of traditional labor law. He assists clients in maintaining union-free work environments through the implementation of cutting-edge, positive employee relations programs and creative leadership education. Mr. Davis is a recognized expert in the use of interactive training techniques...

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