The National Labor Relations Board turned aside an early opportunity to wade into the legal debate over the Biden administration’s firing of the agency’s Trump-era general counsel.
The NLRB denied H&M International Transport Inc.’s request for special permission to appeal an administrative law judge’s Jan. 25 ruling, which had rejected the company’s argument that the unfair labor practice case against it couldn’t move forward because the firing was invalid.
H&M is one of a handful of employers that have raised challenges based on the administration’s ouster of ex-General Counsel Peter Robb on Jan. 20 and his top deputy a day later. The National Right to Work Legal Defense Foundation, a conservative advocacy group, has also objected to the firings in ongoing litigation.
Critics of Robb’s ejection argue that President
In rejecting H&M’s request, the Republican-majority NLRB said the company failed to show why it can’t make its arguments about the validity of Robb’s sacking in the normal course of the case. One such chance could come during the company’s appeal if the administrative law judge rules against it on the merits of the case, the board said.
H&M’s attorney in the case, Stefan Marculewicz of Littler Mendelson, didn’t immediately respond to requests for comment.
The case is H&M Int’l Transp., N.L.R.B., Case 05-CA-241380, order 3/1/21