NLRB Member Terence Flynn Resigns

The National Labor Relations Board (NLRB) announced on Sunday, May 27, 2012, that Board Member Terence Flynn has submitted his resignation to the President and to NLRB Chairman Mark Gaston Pearce. Flynn's resignation is effective July 24, 2012, but he has immediately recused himself from agency business.

Flynn was one of two Republican members on the five-member NLRB, and he had been named as a recess appointment to the Board in January. His resignation leaves the Board with only four members: Pearce (D), Richard Griffin (D), Sharon Block (D) and Brian Hayes (R). (Griffin and Block were also January recess appointments.) The National Labor Relations Act mandates that two members of the Board represent the political party that does not hold the Presidency, so President Obama's appointment of another Republican Board member to replace Flynn will not change the Board's Democratic majority.

Recently, Flynn had been accused of leaking confidential information about pending Board decisions to two former Board members. Flynn denied any wrongdoing. Before being nominated to the NLRB, Flynn served as chief counsel to Board Member Hayes, acted as chief counsel to former Board Member and Chairman Peter Schaumber, and worked as a private practice attorney representing companies and individuals in labor and employment matters.

Flynn's resignation is the latest development in the ongoing saga concerning the NLRB's January 2012 recess appointments. Business groups have challenged the constitutionality of those recess appointments, and if they are invalidated, the NLRB would be left with only two members and would lack the authority to act.

Stay tuned, as we will keep you updated on any further National Labor Relations Board developments. In the meantime, if you have questions about how this development affects your business, contact any of Faegre Baker Daniels' labor lawyers.