Over the Memorial Day weekend, the NLRB announced that Member Flynn (R) will resign effective on July 24, 2012. At the same time, Member Flynn recused himself from all on-going NLRB business. He also asked President Obama to withdraw his nomination to the NLRB (Member Flynn was one of three individuals given recess appointments to the NLRB earlier this year). According to the NLRB, Member Flynn’s resignation was submitted to President Obama and Chairman Pearce (D) on May 26.
Prior to his resignation, the NLRB Inspector General (IG) issued a report, and a supplement to that report, containing findings that Member Flynn shared non-public information relating to the NLRB’s decision-making process. Links to various documents generated in the IG’s investigation, including the report and supplement, can be found here.
In a joint statement to NLRB staff issued today, the other four members of the NLRB commented that: "Resolution of this matter came as a result of the united efforts of the four Board Members present today, along with our offices and that of the Solicitor, who worked tirelessly to reach a resolution acceptable to all concerned and, most importantly, one that would protect this vital institution." The statement also referenced "recent events" as having created a "distraction," and expressing the view that the distractions will not "tarnish this agency’s image – an image created from the good and honest work of its employees."
For labor professionals, Member Flynn’s resignation and recusal means that the NLRB is back to one Republican member, Brian Hayes. This is much the same as the NLRB spent 2011. Given the gridlock in the Senate over nominations to the NLRB, it is unlikely that a newly named Republican member will be able to take office anytime soon.