Biden Considering Removing General NLRB General Counsel Peter Robb

President-Elect Biden is reportedly considering removing NLRB General Counsel Peter Robb when President-Elect Biden takes Office. Reports are circulating that the Service Employees Union is putting significant pressure on the Biden Administration to remove General Counsel Robb when he takes office. This is certainly an extraordinary move and unprecedented. General Counsel Robb’s term would normally expire in November. The NLRB is short one Democrat member now. Another Board opening will take place in August. So, things could change quickly with the NLRB. Of course, it has been as employer friendly as possible during the Trump Administration. With these moves, this would change immediately.

The General Counsel has worked hard to make practical rules dealing with employee discipline in the workplace. All of that would change with the new General Counsel. All of our advice regarding employer handbooks, work rules, employer investigations, joint-employer status, bargaining, etc., would change immediately.

Stay tuned for a GEA webinar addressing these potential changes as well as reverting back to the quickie election procedures, and a myriad of other changes including neutrality and eliminating captive audience speeches.

By W. Melvin Haas, III

Partner

Constangy, Brooks, Smith Prophete LLP