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Thursday, May 6, 2021 The National Labor Relations Board issued an order on April 20, 2021, in which it declined to rule on whether the agency’s acting general counsel, Peter Sung Ohr, was legally appointed. Shortly after President Biden took office, he terminated the Board’s prior General Counsel Peter Robb after Robb refused to resign. Robb was serving the last year of a statutory four-year term when he was fired. Biden replaced Robb with Peter Sung Ohr, who is currently serving as the acting general counsel while Biden’s permanent appointment, Jennifer Abruzzo, awaits Se...

On April 30, 2021, in National Association of Broadcast Employees & Technicians, 370 NLRB No. 114 (2021), the Board declined to opine on the validity of President Biden’s termination of former General Counsel Peter Robb and subsequent replacement with Acting General Counsel Peter Sung Ohr.  It now sets the stage for a federal court of appeals – and potentially, the U.S. Supreme Court – to weigh in on the issue of whether Ohr’s appointment and his subsequent actions as Acting General Counsel are valid. As we discussed here and here, Robb, who was in the last year of his four-year ter...

Protecting America’s Workers Act Upcoming Congressional Hearing Biden Administration Labor Leadership Updates.  On Thursday, April 29, the Senate Health, Education, Labor, & Pensions (HELP) Committee held a confirmation hearing for  Ms. Jennifer Abruzzo to serve as General Counsel of the National Labor Relations Board (NLRB) and  Ms. Seema Nanda to serve as Solicitor for the U.S. Department of Labor.  In opening remarks, Senate HELP Committee Ranking Member Richard Burr (R-North Carolina) criticized the Biden Administration for what he considers its abrupt and unprecedented firing of...

NLRB Declines to Address Validity of Acting GC’s Appointment, Instead Deferring the Issue to the Courts Sunday, May 2, 2021 On April 30, 2021, in  National Association of Broadcast Employees & Technicians, 370 NLRB No. 114 (2021), the Board declined to opine on the validity of President Biden’s termination of former General Counsel Peter Robb and subsequent replacement with Acting General Counsel Peter Sung Ohr.  It now sets the stage for a federal court of appeals – and potentially, the U.S. Supreme Court – to weigh in on the issue of whether Ohr’s appointment and his...

To embed, copy and paste the code into your website or blog: Transitions between administrations are always about change, in policies as well as personnel. Historically, the decisions of the National Labor Relations Board (NLRB) shift with changes in administrations and presidential appointment of NLRB members and positions in the Office of the General Counsel. Given President Joe Biden’s commitment to strengthening labor laws on behalf of workers, the Husch Blackwell Labor & Employment group anticipates dramatic shifts in labor law interpretation, which may cause disruptions to business op...