This week House Education and Labor Committee Republican Leader Virginia Foxx (R-NC) and Senate Health, Education, Labor and Pensions Committee Republican Leader Richard Burr (R-NC) sent a letter requesting the Government Accountability Office (GAO) review the National Labor Review Board’s (NLRB or Board) improper seating of David Prouty.

In the letter, the Members write: “In light of the unusual nature of the NLRB’s error and its potential implications for the integrity of the agency’s activities, we sent the Board an oversight letter to explore this matter and to ensure that such an error does not happen again. However, many questions remain surrounding the impacts of Member Prouty’s improper service. To date, the NLRB has not fully addressed our concerns, and a better understanding of the legal and practical ramifications is needed.”

The Members request: A review of the work performed by Mr. Prouty and any assistants assigned to him in his capacity as a Board member during this period, and an analysis of whether his participation—while lacking a signed presidential commission— compromised the consideration of matters before the Board or violated the [National Labor Relations Act]…

Note: Prouty was confirmed by the Senate, and on August 28, 2021, the NLRB administered an oath of office to him without a presidential commission. Although Prouty was re-administered the oath of office on September 22, this situation raises questions about the legitimacy of the actions taken by Prouty in the 25-day period when he had not received his presidential commission. Following an exchange of letters between Members Foxx and Burr and NLRB Chairman McFerran, the Members are requesting a legal opinion from GAO regarding the harm caused by Prouty’s improper seating as a member of the NLRB.

The full letter is available here.

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