California Labor &
Employment Law Blog
Immediate Changes at the NLRB
Jan 20, 2021

Immediate Changes at the NLRB

Topics: Union-Management Relations

Bloomberg and other sources are reporting over the last hour that the Biden administration has asked National Labor Relations Board General Counsel Peter Robb, a Trump appointee to resign.  Over the last few weeks, there have been rumors that unions have been pushing Biden to fire Robb, due to his agenda, which they view as anti-union.  

As General Counsel, Robb has wide discretion and a fair amount of control and authority to determine what cases the NLRB decides to prosecute.  He has generally been very business-friendly and is a former management-side labor attorney at a private firm in New England.  His term commenced in November 2017 and was set to continue through November 2021.  Reports have indicated that if he does not resign, Biden intends to involuntarily relieve him from the position.  Most believe that although Biden cannot fire an actual NLRB Board member without evidence of “neglect of duty or malfeasance in office” (See Section 3(d) of the Act), Biden has the authority to fire the General Counsel without cause.  

Given the broad discretion and authority of the GC position, moving to a more union-friendly NLRB General Counsel will definitely result in quicker changes to the law that tend to be more restrictive to employers and more beneficial to unions.  This will definitely be something to watch and we will continue to keep you updated.

About CDF

For over 25 years, CDF has distinguished itself as one of the top employment, labor and immigration firms in California, representing employers in single-plaintiff and class action lawsuits and advising employers on related legal compliance and risk avoidance. We cover the state, with five locations from Sacramento to San Diego.

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About the Editor in Chief

Sacramento Office Managing Partner and Chair of CDF’s Traditional Labor Law Practice Group. Mark has been practicing labor and employment law in California for thirty years. His practice has a special emphasis on the representation of California employers in union-management relations and handling federal and state court litigation and administrative matters triggered by all types of employment-related disputes. He is also adept at providing creative and practical legal advice to help minimize the risks inherent in employing workers in California. He recently named “Sacramento Lawyer of the Year” in Employment Law-Management for 2021 by Best Lawyers®.
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