Labor Board Watchdog Asked to Probe Democratic Member

Bloomberg BNA highlights our request to the NLRB to investigate leaks.

The Competitive Enterprise Institute this morning asked NLRB Inspector General David Berry to investigate Pearce for allegedly telling attorneys at an American Bar Association event that a “big decision” was coming in the Hy-Brand Industrial Contractors case. Pearce may have violated a federal nondisclosure rule by tipping his hand one day before the NLRB unexpectedly decided to scrap a previous decision in the Hy-Brand case, CEI policy analyst Trey Kovacs says, citing a Wall Street Journal report.

“To protect the integrity of Board proceedings in the ongoing Hy-Brand case, an investigation is required to understand the conditions, and if any violations occurred, surrounding Board member Pearce’s public disclosure of Board internal deliberations,” Kovacs wrote.

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“The NLRB Inspector General has been expanding conflict of interest standards far enough to obstruct the Trump NLRB from functioning, yet the investigative office has not examined whether Democratic member Mark Pearce improperly disclosed confidential material about an important case,” Kovacs told Bloomberg Law in a statement.

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