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 concerning NLRB Member David Prouty’s improper swearing-in and a resulting 25 days at work without a presidential commission.

To determine the true scale of the harm caused by this blunder, the Republican lawmakers are asking the NLRB for documents and explanations pertaining to how the error occurred in the first place, the scope of Mr. Prouty’s activities while working at the NLRB prior to receiving a presidential commission, and an assessment of the impacts of this bizarre mistake.

In the letter, the Members write: “Mr. Prouty, who was confirmed by the Senate on July 28 as a Board member, was improperly administered the oath of office by you on August 28 and erroneously served as a member for 25 days because the President did not officially appoint Member Prouty until September 22. This error, which was not made public for 17 days, is more egregious than your letter implies and could have serious implications regarding Board activities during the period in question.”

The Members continue: “While your letter attempts to minimize the implications of the NLRB’s failure, it raises many questions, including one about the Board’s ability to administer the law faithfully.”

The letter also states: “[Y]our letter also raises significant concerns about the nature of Mr. Prouty’s work during the 25 days he was not a Board member as well as about the legitimacy of the Board’s actions during this period.”

-House Education and Labor GOP


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