President Biden Makes Immediate Changes At The NLRB
January 21, 2021
President Biden wasted no time in making immediate changes at the National Labor Relations Board (NLRB or Board). While Board Members will continue to serve their terms, he immediately elevated Board Member Lauren McFerran, the only Democrat, to Chairperson, removing this leadership role from Board Member John Ring.
President Biden also requested the resignation of General Counsel Peter B. Robb, which Mr. Robb respectfully declined. The General Counsel is currently serving a four-year term which expires in 10 months. Mr. Robb explained that the Office of the General Counsel is designed to be independent of the Board and the Executive Branch so that the General Counsel “can prosecute potential violations of the NLRA free from political influence and pressure.” Mr. Robb has been replaced for now by Alice B. Stock, his Deputy General Counsel.
The Board is made up of five Members who are appointed by the President to five-year terms, with U.S. Senate consent. The Trump administration was able to appoint three members, but left one vacant spot that President Biden will fill. Employers can expect changes in the Board’s rulings when the Trump appointees’ terms begin to expire and President Biden appoints a new General Counsel.
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