Immediately after taking office, President Biden fired incumbent NLRB general counsel Peter Robb, a move without precedent since the establishment of the Independent Office of General Counsel to the NLRB in 1947.
In August 2021, the Democrats regained their majority on the NLRB. Prior to the new Democratic members being confirmed, the ABC-led Coalition for a Democratic Workplace sent a letter in July to the Senate Health, Education, Labor and Pensions Committee to oppose the nominations of Gwynne Wilcox and David Prouty to serve as members of the NLRB due to their biases against the employer community and clear conflicts of interest.
As a result of the Democratic majority, President Biden will advance his pro-labor agenda, which includes the ABC-opposed PRO Act, and will likely overturn many board labor policies adopted during the Trump administration.
The NLRB must serve as a neutral arbiter of federal labor law. ABC supports balanced policies that reflect the NLRB’s original mission to fairly interpret and enforce federal labor law. Unfortunately, while the Trump administration scaled back some of the most controversial policies under the Obama-era NLRB, the Biden administration has pledged to return to the Obama-era tactics.