"The Committee is left to conclude that the
For nearly a year and a half, the Committee has sought information from the Board on its handling of conflicts of interest and recusal obligations. The Committee's requests are focused on three potential instances of misconduct:
* The participation of Chairman Ring and Board Member
* The participation of Member Emanuel in the rulemaking on joint employer status, which was announced as a consequence of the
"It can only be presumed that the continued refusal...is indication that the
To read the subpoena for key documents, click here: https://edlabor.house.gov/imo/media/doc/NLRB%20Subpoena.pdf
* * *
Chairman Scott's first letter to
To: The Honorable
I write in response to our telephone conversation on
Throughout this oversight process, the Committee has accommodated the
Without production from the
The Committee is left to conclude that the
With respect to the McDonald's case, it is a matter of public record that Member
* You and/or Member Emanuel failed to disclose all relevant facts to the DAEO;
* The DAEO advised you and/or Member Emanuel to recuse yourselves from the case, and Member Emanuel insisted on participating; and
* You and/or Member Emanuel have taken steps to undermine the independence of the DAEO.
By refusing to produce all relevant DAEO guidance or memoranda related to this case, you have failed to answer these questions and rebut the inference that there is something to hide.
Without the requested documents, the Committee is also left to conclude that the
Throughout the oversight process, the Committee has consistently acted to accommodate the
Based on this change in the agency's position, I expected the
It can only be presumed that the continued refusal, paired with the change of position, is indication that the
Thank you for your attention to this matter, and I look forward to reviewing the documents.
CC: The Honorable
* * *
1 365 NLRB No. 156 (2017), vacated by 366 NLRB No. 26 (relying on findings by the Designated Agency Ethics Official that Member Emanuel violated his ethics pledge by participating in this case which involved his former law firm).
3 5 U.S.C. Sec. 706; 31 U.S.C. Sec. 501 note, at Sec. 5(2)(A); OMB Circular A-76, Attachment A, at Sec.(B)(1)(a).
4 368 NLRB No. 134 (2019).
5 Joint Employment Status Under the National Labor Relations Act, 85 Fed. Reg. 11,184 (
7 368 NLRB No. 134 (2019).
10 Compare Privilege Log provided by the
11 Compare NLRB's Ethics and Recusal Report (
12 Letter from
13 31 U.S.C. Sec. 501 note, at Sec. 5(2)(A).
14 Letter from Chairman
15 Letter from Chairman
16 Letter from Chairman
17 For this reason, the
18 5 C.F.R. Sec. 2635.107(b).
19 Letter from
20 Letter from Chairman
21 Letter from Chairman
22 Letter from Chairman
23 See email from
24 The Committee's request over email also included a reiteration of the Committee's request for production of the DAEO memorandum regarding Member Emanuel's participation in the joint employer rulemaking, of which Committee staff has previously conducted an in camera review.
25 See Rules of the