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Biden starts with a bang, shakes up NLRB

February 2021 employment law letter
Authors: 
Brian R. Garrison and Rebekah Ramirez, Faegre Drinker

On day one of his administration—and within hours of being sworn in—President Joe Biden made significant changes at the National Labor Relations Board (NLRB). After Peter Robb, the Board's Trump-appointed general counsel (GC), refused a request to resign, Biden fired him. The following day, the new administration fired deputy GC Alice B. Stock after she, too, refused to resign from the Board. At the same time, the new president named Lauren McFerran, the only Democratic member of the Board, as chair, displacing Republican member John Ring.

Controversy behind Robb's dismissal

Robb was appointed to a four-year term in November 2017 and is the first GC to be removed by a president before his term ends. During his tenure, he advanced many employer-friendly initiatives and advocated for NLRB decisions expanding management's rights.

Robb quickly drew organized labor's ire, clashing with many union leaders while also exerting more control over the NLRB's regional offices nationwide. His removal had been rumored in Washington, D.C., for months before Biden's inauguration.

Biden's decision to fire Robb is controversial not only because it's unprecedented but also because it may come under attack in court. The National Labor Relations Act (NLRA) states the GC "shall be appointed by the president, by and with the advice and consent of the Senate, for a term of four years."

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