In a recent post on the Federalist Society website, National Right to Work Legal Defense Foundation Vice President Legal Director Ray LaJeunesse responded to demands by Senator Elizabeth Warren (D-Mass) that Trump’s lone remaining current NLRB nominee recuse himself from numerous potential cases:
“Senator Elizabeth Warren (D-Mass.) has suggested that Emanuel should ‘also sit out any case involving the hotly contested question of whether employers can force their workers to sign class action waivers,’ because he ‘has represented parties on the class action waiver issue in a case before the board, . . . his firm is counsel in a number of others . . . and he has also co-written briefs in U.S. Supreme Court cases arguing that the agreements aren’t unlawful restraints on employees’ right to engage in collective activity.’ (Emphasis added.)
However, unless the standards for recusal are more stringent for nominees of President Trump than they were for nominees of President Barack Obama, Emanuel can ethically ignore Senator Warren’s suggestion and need not recuse himself in all class-action waiver cases, even though that is a ‘hotly contested’ issue.”
The post goes on to cite Obama NLRB Member Craig Becker, who refused to recuse himself from a case to end protections for employees who had union monopoly bargaining imposed through the coercive and unreliable “card check” scheme. The Foundation’s press release on that case can be found here. Becker had previously weighed in on the issue as counsel for the AFL-CIO but that didn’t stop him from recusing himself when the NLRB voted 3-2 to end employees’ ability to force a secret ballot vote after a union was installed through card check.
To read the whole post, please click here.