What rapid firings at NLRB signal for employers under new administration

In an unprecedented move, President Joe Biden terminated National Labor Relations Board (NLRB) General Counsel (GC) Peter Robb on inauguration day, January 20. He also fired Robb’s deputy, Alice B. Stock. Here’s a look at what the dramatic moves signal for employers under the new administration.

Look who’s (acting) in charge now

The GC serves a four-year term, and Robb’s stint wasn’t scheduled to expire until August 2021. In the more than 70-year history since the GC position was created, President Biden is the first to prohibit the individual appointed by his predecessor from completing the term. Robb may sue over the discharge, claiming the president exceeded his authority.

The GC is independent from the NLRB and responsible for supervising the Board’s regional offices in (1) conducting elections for employees to decide whether to become or remain unionized and (2) investigating and prosecuting unfair labor practice charges.

In Robb’s place, President Biden appointed Peter Sung Ohr as acting GC. If you recall the issue of whether Northwestern University football players were employees who could organize, Ohr was the NLRB regional director in Chicago who concluded the scholarship athletes were indeed “employees” as defined in the National Labor Relations Act (NLRA). The Board later overruled his decision.

Unions laud Robb’s removal