Biden Appointee Smacked by Labor Board

A Biden appointee has been smacked down by the National Labor Review Board.

According to The Washington Free Beacon:

The top federal labor arbiter smacked down a controversial Biden appointee’s move to dismiss a worker’s complaint against union leaders.

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National Labor Relations Board acting general counsel Peter Ohr attempted to withdraw the agency’s support for a Texas nurse who accused union and company officials of conspiring against workers. Three members of the five-member NLRB, which enforces federal labor law, said the Biden appointee ignored “significant legal issues” the case presented.

“This case presents significant legal issues regarding the duty of fair representation and the appropriate framework for resolving allegations that a union breached that duty,” the board wrote in its decision. “This case presents the Board with an opportunity to examine these issues, based on a fully briefed and litigated record, and to provide guidance to employees and unions alike. Accordingly, after careful consideration, we conclude that the Acting General Counsel’s motion should be denied.”

The move comes as pressure ratchets up on Ohr, who is facing questions about the legitimacy of his appointment. Several workers have filed appeals in the wake of the Biden administration’s firing of two Trump-era labor prosecutors whose terms had yet to expire. These legal challenges could complicate Ohr’s decision to shift the board to be more favorable to union leadership, as he has withdrawn or reversed agency guidances put in place by his ousted predecessor.

Lawyers for the Texas Nurse Marissa Zamora have challenged the legitimacy of Ohr’s appointment.