Rep. George Miller (D-Calif.) called for the resignation of National Labor Relations Board (NLRB) member Terence Flynn yesterday after new evidence was uncovered by the NLRB’s inspector general showing that Flynn disclosed additional deliberative and nonpublic information to outside parties. Saying that "disclosing judges’ deliberations in pending cases to outside parties, for example, is repugnant to the American justice system," Miller said, "such behavior cannot be allowed to continue.
The board is the only agency where workers and employers may go to have their rights under the National Labor Relations Act vindicated. The public’s faith in this agency and its fair administration of the law matters. Your continued presence at the board rattles that faith and potentially infringes upon the due process rights of those with business before the board. For the sake of the board as an institution, you should resign.
The NLRB’s inspector general issued a supplemental report to an earlier investigation that found, among other things, that member Flynn, when serving as a chief counsel, provided confidential information to former board members Peter Kirsanow and Peter Schaumber for their private benefit. Schaumber has served as a labor policy adviser to presidential candidate Mitt Romney.
AFL-CIO President Richard Trumka in March called for Flynn's immediate resignation.
The report found additional instances when Flynn funneled confidential information to Schaumber. These included a draft of an NLRB decision, dissents before cases have been decided and other information on the NLRB’s internal operations.
The deliberative process established by the board, including the protection of deliberative information, is essential in ensuring that the parties receive due process….Mr. Flynn’s public statement that he has engaged in no wrongdoing strikes at the very heart of the board and all but eviscerates the due process procedures that the board has established. We conclude that the issues identified in this report, and those of the prior report, evidence a serious threat to the board’s decisional due process.
Miller has urged U.S. Attorney General Eric Holder to investigate Flynn's conduct.