Status of Former NLRB General Counsel Still up in the Air

The National Labor Relations Board issued an order on April 20, 2021, in which it declined to rule on whether the agency’s acting general counsel, Peter Sung Ohr, was legally appointed. Shortly after President Biden took office, he terminated the Board’s prior General Counsel Peter Robb after Robb refused to resign. Robb was serving the last year of a statutory four-year term when he was fired. Biden replaced Robb with Peter Sung Ohr, who is currently serving as the acting general counsel while Biden’s permanent appointment, Jennifer Abruzzo, awaits Senate confirmation.