President Joe Biden had the authority to remove former National Labor Relations Board (NLRB) General Counsel Peter Robb on Inauguration Day because the president may remove the general counsel at any time and for any reason, the 9th U.S. Circuit Court of Appeals ruled on Jan. 27. We've gathered articles on the news from SHRM Online and other outlets.
Abruzzo Could Prosecute
In the case before the 9th Circuit, Aakash Inc. maintained that NLRB General Counsel Jennifer Abruzzo lacked the authority to prosecute an unfair labor practice charge against the company because the president could not remove Robb without cause during the four-year term to which he had been appointed.
Past administrations have maintained that the general counsel was removable at will, the court noted. No exception to the president's removal power applied. The 9th Circuit said that it had reached the same conclusion as the only other appeals court to address this issue—the 5th Circuit.
'Precedent-Breaking Move'
Before removing Robb from office, the Biden administration asked Robb to resign on Jan. 20, 2021, but Robb refused. In a letter to the White House, Robb called the request "unprecedented since the nascence of the National Labor Relations Act" and said his termination "would set an unfortunate precedent." Major unions had urged Biden to fire Robb and welcomed Robb's removal, hailing it as a timely departure from policies they deemed hostile to workers and unions. But Rep. Virginia...
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