On May 26, 2012, National Labor Relations Board Member Terence F. Flynn (R) submitted his resignation to President Obama and NLRB Chairman Mark Gaston Pearce (D). While Flynn’s resignation will not be effective until July 24, he told President Obama and Pearce that he would immediately recuse himself from “all NLRB activities.” Flynn also asked the President to withdraw his February 2011 nomination to the Board, which had never received Senate action.
Flynn came under criticism after the NLRB Inspector General found that Flynn had made improper disclosures to former NLRB members Peter Schaumber (R) and Peter Kirsanow (R) in 2011. According to the inspector general’s initial report, Flynn improperly sent information to Kirsanow, who at the time was representing the National Association of Manufacturers in a challenge to the Board’s adoption of a rule requiring employers to post notifications of employees’ NLRA rights. But most of the inspector general’s report focused on allegations that Flynn disclosed information of greater significance to Schaumber, including sensitive lists containing information about “lead cases” that were under consideration by Board members.
A supplemental inspector general report provided evidence that Flynn had given Schaumber the drafts of several dissenting opinions and a panel decision in an unfair labor practice case, as well as several internal emails in which then-Chairman Wilma B. Liebman (D) and Hayes had discussed their positions on legal issues before the board.
The NLRB issued a statement explaining that Board members will immediately resume deliberations and processing of cases. “Cases that had been assigned to Member Flynn are being reassigned, as are members of his staff,” the agency said.