NLRB GC Letter to HELP Cmte

Mar 05, 2021

March 4, 2021

Senator Patty Murray, Chair

Senate Committee on Health, Education, Labor and Pensions

428 Dirksen Senate Office Building

Washington, DC 20510

Senator Richard Burr, Ranking Member

Senate Committee on Health, Education, Labor and Pensions

428 Dirksen Senate Office Building

Washington, DC 20510

Dear Chair Murray and Ranking Member Burr:

We, the undersigned organizations, write to let Congress know of our profound concern with the administration’s removal on January 20, 2021, of the Honorable Peter Robb as General Counsel of the National Labor Relations Board (NLRB or Board) and the removal on January 21, 2021, of Deputy General Counsel Alice B. Stock. These concerns have already been shared with the White House.

As you can appreciate, the removal of an incumbent General Counsel is an extraordinary breach of longstanding precedent that threatens to upend the independence of that office. No president since the establishment of the Office of General Counsel to the NLRB in 1947 has ever removed a sitting General Counsel before the end of their term. Indeed, the longstanding precedent has been to permit general counsels to complete their term even if it continues into the term of a different political party occupying the White House.

When Congress passed the Taft-Hartley Amendments to the National Labor Relations Act (NLRA) in 1947 to create the independent Office of General Counsel, it explicitly specified that the term of the General Counsel would last for four years. As with other term appointments, the purpose of establishing a set duration for the General Counsel’s term was to ensure that the presidentially-nominated and Senate-confirmed individual holding the office would be free from undue political influence or interference. The General Counsel is integral to the adjudication of cases under the National Labor Relations Act. He or she is expected to enforce such duties to the best of his or her ability, without regard to the political or policy preferences of any given administration. The replacements of Mr. Robb and Ms. Stock—reportedly due to calls from organized labor leaders—suggest a troubling notion to the contrary. If these actions are allowed to stand, they will no doubt politicize enforcement and undermine the effectiveness and credibility of the agency now and in the future.

We have asked the White House to reinstate Mr. Robb to his lawfully-held General Counsel position and allow him to complete his term, which expires on November 16, 2021, as well as to reinstate Ms. Stock to her Deputy General Counsel position. As members of Congress, we hope you share our concerns, and will help in promoting these reinstatements.

Most Respectfully,

American Pyrotechnics Association

American Trucking Associations

Associated Builders and Contractors

Associated General Contractors

Commercial Vehicle Solutions Network
Foodservice Equipment Distributors Association

Franchise Business Services

Future Workplace Policy Council

Georgia Motor Trucking Association
HR Policy Association
Independent Bakers Association

Independent Electrical Contractors (IEC)
International Foodservice Distributors Association

International Franchise Association

National Association of Flour Distributors