The dismissal of Peter Robb, General Counsel of the National Labor Relations Board, was welcomed by union officials and their democratic allies

President Joe Biden ousts two Trump-era advisors from the National Labor Relations Board For the first time in more than 70 years, a President has exercised this power over the agency

Peter Robb, a Trump-appointed National Labor Relations Board general counsel, was fired on Wednesday after denying Biden’s motion to step down on Thursday, Biden asked for the resignation of Robb’s successor, assistant advocate general Alice Stock, at 1700:00 or said she was going to be fired

Robb’s dismissal – greeted by union officials and their Democratic allies who blame him for what they consider an administrative turn in the labor office – marked the first time since Harry Truman that a president removed the NLRB’s chief attorney this 1950

Robb said if he followed Biden’s request on Wednesday it would “set an unfortunate precedent” for industrial relations in the U.S., according to a copy of a letter received from Law360 The White House said he was later released

In a letter Thursday, Stock also denied Biden’s request, arguing that it would be “detrimental” to the agency’s operations, given the “dubious legality” of Robb’s dismissal

Robb promoted Stock to deputy general counsel in 2019. Prior to joining NLRB, she was a management attorney who represented companies on collective bargaining disputes and unfair labor practices charges

“The abrupt and short distance from General Counsel Robb,” wrote Stock in response to Biden’s request, “is unfortunate for our country and for those who believed that this government intended to follow the traditions and legal rules of our democracy”

The White House did not immediately respond to a request for comment on whether Stick was fired

Robb’s dismissal before the end of his term in November follows Democrats’ criticism of the direction the Board of Directors has taken under President Donald Trump. Democrats have also raised concerns about Robb’s efforts to reorganize some regional offices of the Board of Directors and new guidelines for regulatory investigation

Organized labor had long turned against Robb, who previously served as a management attorney and is known for initiating the Federal Labor Relations Authority’s case to decertify the Professional Air Traffic Controllers Organization after the 1981 strike has

The NLRB is an independent federal agency charged with enforcing US Labor Practices and Collective Agreements Act Robb had significant control over what cases the Board considered in its role in overseeing investigations and charges against companies suspected of violating the National Labor Relations Act

Rep Virginia Foxx (R-NC), the top Republican on the House Working Committee, asked if Biden had authority to remove Robb and said the move “violates the National Labor Relations Act”

A management attorney says it is legally murky whether the president had authority to oust Robb

Steve Bernstein, co-chair of the Labor Relations Practice at Fisher Phillips, suggested that Robb may have an opportunity to appeal his dismissal as the NLRA stipulates that the president can remove any board member for “breach of duty or misconduct” in the office ”

“I saw no evidence that the government established that he was guilty of any such misconduct,” said Bernstein

However, other legal opinions and judgments suggest that Biden was allowed to terminate the contract

A legal memo from the AFL-CIO’s General Counsel argues that the National Labor Relations Act, which established the NLRB, “does not restrict the President’s power to remove the General Counsel”

The General Counsel of the trade union federation also cites the Supreme Court precedent which found that “a statutory term is a limit on the official’s service life” and not a limitation on Biden’s power to remove an official

In a July 1983 memo, the current Chief Justice of the Supreme Court, John Roberts, then Associate Counsel in the White House Attorney’s Office, said that such a move was within the jurisdiction of the President and concluded that ” serving the General Counsel to the delight of the President ”

Members of the labor movement hailed the news of Robb’s forced exit as evidence that Biden had kept his campaign promises to be a fierce labor rights advocate

“@JoeBiden is the real business for Labor,” tweeted Sara Nelson, president of the Association of Flight Attendants-CWA, in response to Robb’s dismissal. “Now what are we going to do with this moment?”

Virginia Rep Bobby Scott, chairman of the House Education and Labor Committee, said Robb had “repeatedly neglected his legal obligation to uphold the right of workers to stand together and negotiate for better working conditions.”””

The National Right to Work Foundation called it the “opposite of a return to the” normal “and a troubling sign of how far the Biden-Harris government is willing to repay the union bosses who helped bring in Biden the white House ”


Democrats have also raised concerns about possible conflicts of interest between Trump-appointed board members and their former clients House Democrats summoned the board last year over documents related to alleged conflict in a high-profile unfair labor practices case against McDonald’s Corp, in which Robb one Role had

The case was brought by the Obama-era NLRB which alleged the fast food giant was responsible for labor violations by its franchisees

Robb applied to be on the McDonald’s case, arguing that a later vacant, business-friendly board decision about the joint employment challenged claims against the fast food giant

This case, Hy-Brand Industrial Contractors, was rolled back by the NLRB after a general report from the inspector found that board member William Emanuel was not involved in the decision given his former law firm’s involvement in an earlier joint employer case should have participated that the judgment of 2017 was overturned

The dispute sparked outrage among Democrats, who raised concerns about conflicts of interest with the Labor Board

Robb said at the time that he “disagrees with the opinions reached in the IG report” “

Peter Robb

World News – US – Trump Labor Office officials ousted by Biden after opposing removal

Source: https://www.politico.com/news/2021/01/20/trump-labor-board-460978