Management's Workplace Lawyers

NLRB Acting General Counsel Was Unlawfully Appointed.

September 30, 2013

A U.S. District Court ruled last month that President Obama’s appointment of Lafe Solomon in August 2010 as the Acting General Counsel of the National Labor Relations Board was invalid.  Therefore, a NLRB Regional Director had no authority to issue unfair labor practice (ULP) Complaints under the National Labor Relations Act against employers or unions, because he was acting on behalf of Solomon in doing so.  The court, in Hooks v. Kitsap Tenant Support Services, Inc., found that Solomon’s appointment was in violation of the Federal Vacancies Reform Act (FVRA), which recognizes the lawful appointment of an individual to a federal vacancy within 365 days of that individual’s serving as a personal assistant to the departing officer.  Because Solomon had never served as the first assistant to the NLRB’s General Counsel, his appointment was deemed invalid by the court.  If this ruling is upheld, it could invalidate pending Complaints issued by Regional Offices around the U.S. from August 2010 – July 2013.