Democrats are charging that Peter Robb, the general counsel of the National Labor Relations Board, may have coordinated a rumored reorganization of the board’s field offices with a private-sector, management-side law firm.
But in making the accusation, the Democrats disclosed confidential information, according to sources familiar with the matter.
Sen. Patty Murray, D-Wash., and Rep. Rosa DeLauro, D-Conn., sent Robb a letter on Wednesday saying they were “troubled” by a Jan. 17 email sent by Michael Lotito, a lawyer with firm Littler Mendelson, requesting “guidance” from Robb on how to respond to a Bloomberg reporter’s inquiry regarding “your reorganization.” The NLRB general counsel curtly turned Lotito down, emailing back, “I cannot comment on any pending reorganization.”
The same day, Bloomberg reported a possible reorganization for the labor enforcement agency that would have consolidated some of the board’s regional offices and created more direct lines of authority to Washington headquarters. It cited “sources familiar with the matter” who were “concerned” about the impact of the possible change to the NLRB’s regional directors. The report sparked concern among Democrats that President Trump’s appointees to the board, who include Robb, were attempting to assert more control over the agency. The NLRB has a five-member board, but the general counsel directs its day-to-day activities. One of Trump’s appointees to the board, William Emanuel, is a former Littler Mendelson lawyer.
The NLRB has not reorganized its field offices, and sources familiar with the matter disputed whether one was ever planned.
Murray and DeLauro’s letter Wednesday argued that Lotito’s request indicated that he had prior knowledge of the rumored reorganization. “We are especially troubled by the latter exchange. Although you did not comment in writing, it appears that you have coordinated to some extent with Littler Mendelson in crafting or contemplating reorganization plans and that, long before Congress or the public was aware, Mr. Lotito understood you to have a ‘reorganization,’” they wrote.
The Washington Examiner obtained a copy of the email. It is not clear if Lotito, a high-profile lobbyist, who often comments to reporters, had spoken to Robb previously about the reorganization or if he thought one was happening. He sent the message to Robb’s office email address with the subject line “Your reorganization” and the opening section is “Is leaking. BNA reporter wants to talk to me. What do you want me to do. Guidance please.”
Murray and Delauro’s letter cites the Lotito email as being on file with the Senate Health, Education, Labor and Pensions Committee, where Murray is the top Democrat. According to sources familiar with the matter who requested anonymity, the Lotito email was provided to the committee by Robb. It was in response to a February letter from Murray and DeLauro requesting “all communications concerning a possible reorganization” between him and anyone inside or outside the NLRB.
The sources said communications provided to the committee were meant to be confidential. It is not clear what, if any, consequences there are to releasing the information, however. Democrats have previously leaked information relating to the NLRB without repercussion, the sources noted.
Murray and DeLauro’s offices did not respond to repeated requests for comment. The NLRB declined to comment. Littler Mendelson responded on Lotito’s behalf, declining to comment.
