Press Releases

WASHINGTON – Today, House Education and Labor Committee Republican Leader Virginia Foxx (R-NC), Senate Health, Education, Labor, and Pensions Committee Republican Leader Richard Burr (R-NC), Rep. Rick Allen (R-GA), and Sen. Mike Braun (R-IN) sent a letter to National Labor Relations Board (NLRB) Chairman Lauren McFerran following the Chairman’s “completely inadequate response” to concerns that NLRB Member Gwynne Wilcox and David Prouty have notable conflicts that warrant their recusal from matters involving joint employer policies.

In the letter, the Members write: “Your November 5 response to our letter fails to provide sufficient explanation or documentation that the NLRB has performed the necessary due diligence to uphold important ethical obligations dictating whether Members Wilcox and Prouty should appropriately recuse themselves on NLRB activity regarding joint employment policy. Given your completely inadequate response to our concerns, we write seeking more information about your decision.”

The Members continue: “Members Wilcox and Prouty have conflicts of interest due to their previous roles advising individual chapters of the Service Employees International Union (SEIU), the former as a senior partner at Levy Ratner, and the latter as general counsel to SEIU Local 32BJ… Given these close ties, the notion that Members Prouty and Wilcox can serve impartially on matters involving SEIU’s joint employment lawsuit strains credulity.”

NOTE: In a letter sent October 13, 2021 the Members requested McFerran’s “prompt action to resolve conflicts of interest at the [NLRB] regarding Member Gwynne Wilcox and Member David Prouty.” Days later, the Wall Street Journal’s Editorial Board – in an editorial entitled Ethics Shenanigans at the Labor Board – aptly pointed out that Democrats have a glaring double standard when it comes to conflicts of interest in cases before the NLRB.

To read the full letter sent to Chairman McFerran, click here. 

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