Wyatt Employment Law Report

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NLRB’s Inspector General May Have Opened an Investigation as to Whether Member Hayes Received an Offer Tied to a Resignation

By Edwin S. Hopson

On December 5, 2011, Holly Rosenkrantz of www.Bloomberg.com reported that the Inspector General of the National Labor Relations Board may have opened an investigation into whether Republican Member, Brian Hayes, received offers or enticements to resign his position on the five-member Board which would cripple the agency by reducing it to only two Members that would have no authority to issue decisions. 

There had been speculation that Hayes might resign in order to defeat an attempt by the two Democratic Members, Chairman Mark Pearce and Member Craig Becker, to implement a rule speeding up the union representation election process.  At the Board’s November 30 hearing on that proposed rule, Hayes indicated he was not going to resign.  At the same time, Hayes voted against the proposed rule.