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Kline Requests Details on NLRB Response to IG Findings of Prohibited Communications


Dear Chairman Pearce and Acting General Counsel Solomon:

On November 19, in response to my inquiry, the National Labor Relations Board’s (NLRB) Office of Inspector General (IG) issued a memorandum, attached, stating that “certain statements in e-mail messages from personnel in the Division of Advice and Region 19 infringed upon the statutory prohibitions regarding ex parte communications to Board Members.” Given these findings, the IG stated that “the Agency’s public affairs activities could benefit from more clearly defined policies and procedures.” To ensure policies and procedures are timely and effectively implemented to stop prohibited ex parte communications, the committee is requesting a briefing on and documents and communications relating to the NLRB’s actions in response to the November 19 IG report. 

On April 29, 2011, the NLRB’s Director of Public Affairs requested assistance from NLRB personnel, including then-Chairman Liebman and Acting General Counsel Lafe Solomon, in responding to questions posed by CNN. In a chain of emails that included then-Chairman Liebman, individuals under the NLRB General Counsel discussed the remedy sought in the NLRB’s case against The Boeing Company (Boeing) and a potential response by Boeing. As these discussions were relevant to the merits of the case against Boeing, the e-mails that included then-Chairman Liebman were prohibited ex parte communications under 5 CFR § 102.126(a).

To read the full letter, click here.

To read the Inspector General's report, click here.

To read Chairman Kline's request for an investigation, click here.