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.


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NLRB Republican Member Hayes Threatens Resignation Over Proposed Election Rule

By Edwin S. Hopson

In an article by Holly Rosenkrantz on the Bloomberg Businessweek website dated November 23, 2011, it reported that National Labor Relations Board Member Brian Hayes, the only Republican on the Board, is threatening to resign rather than allow a vote now scheduled for November 30, 2011, on a controversial new rule aimed at speeding up union representation elections. 

According to the article, NLRB Chairman Mark Pearce is quoted in a November 22 letter to Hayes as stating, “[y]ou indicated that, if the board proceeded with consideration of the matter, you would consider resigning your position.”

There are currently only three members on the five-member NLRB, and under last year’s Supreme Court decision in New Process Steel v. NLRB, if the Board is reduced to fewer than three members, it cannot continue to issue decisions. See posts below dated November 21 and 18.