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About Northwest labor press. (Portland , Ore.) 1987-current | View Entire Issue (April 6, 2012)
NLRB’s Flynn accused of leaking confidential info; top union leaders demand his resignation WASHINGTON, D.C.—Top union leaders are calling for National Labor Relations Board (NLRB) member Ter- ence Flynn to resign after the agency’s inspector general (IG) accused him of violating ethics rules. The IG’s 13-page report released March 19 details numerous instances of Flynn funneling confidential informa- tion about the Labor Board’s activities to former NLRB members and lawyers outside the agency at a time when Flynn was serving as the NLRB chief counsel. Some of the people receiving the in- formation have been actively engaged in a campaign to undermine and dis- credit the labor agency. One of the for- mer NLRB members — chairman Peter Schaumber — now co-chairs the labor policy advisory group for Mitt Rom- ney’s presidential campaign. The other former NLRB member, Peter Kir- sanow, is now an attorney for the Na- tional Association of Manufacturers. NLRB Inspector General David Berry said Flynn sent Schaumber “de- liberative, pre-decisional information protected from disclosure,” plus privi- leged attorney-client information. Flynn also sent to Schaumber “lead case lists, pre-decisional votes and po- sitions of the members, the identity of counsel assigned to a case, the status of cases, the researching issues in cases, the deliberation of the former chairman in a case, the desire of two members to press forward in a case, and the analysis of the board’s resolution on” pending rules governing union recognition elec- tions, the IG report says. “Improper disclosure of information to former members Kirsanow and Schaumber amounted to a conversion of the information for the private bene- fit of Kirsanow and his client, the Na- tional Association of Manufacturers, and Schaumber’s labor relations con- sulting and/or legal practice,” Berry’s report concludes. Flynn told Berry that as soon as he learned he had released confidential in- formation to Schaumber, he asked for its return. But e-mail records show Flynn made that request (and only for one document) 13 days after he sent the item to Schaumber — and only after the IG’s probe started. Kirsanow refused to answer the IG’s questions. AFL-CIO President Richard Trumka said Flynn “committed a pat- tern of ethical violations that are noth- ing less than shocking.” Flynn’s actions “are unprecedented and indefensible,” and Flynn should quit, Trumka said. The Justice Depart- ment should probe the case and bring criminal charges, if needed, he added. International Association of Ma- chinists President Tom Buffenbarger agreed with Trumka. “Flynn committed serious ethical violations” and “should do the right thing and resign immedi- ately,” he said. “At a minimum, the re- port is a wake-up call about the extent to which NLRB opponents are willing to go to achieve its destruction. At worst, it alleges serious crimes that warrant ag- gressive prosecution. Either way, Flynn should not be allowed to remain” at the NLRB. “The NLRB must carry out its im- portant mission of ensuring union elec- tions are conducted freely and fairly,” said Joseph Hansen, chair of the Change To Win coalition and president of United Food and Commercial Work- ers. “Regrettably, this independent agency has consistently come under po- litical attack from members of Congress and candidates for president who want to make it harder for workers to organ- ize. The fact this effort was reportedly being orchestrated by a high-profile em- ployee of the board is completely unac- ceptable.” President Barack Obama named Flynn, a Republican, to the board early this year as a recess appointment, along with two Democratic members, after Senate Republicans threatened to fili- buster all three nominees. Lawmakers who deal with workers’ issues split on partisan lines on the con- troversy. U.S. Rep. John Kline (R- Minn.), chair of the House Education and the Workforce Committee, used the IG report to bash Obama for mak- ing recess appointments to the board without Senate confirmation. He neg- lected, however, to mention the fili- buster threat, which would have left the NLRB with two members and unable to function. U.S. Rep. George Miller (D-Calif.), the panel’s top Democrat, sent the IG’s report to Attorney General Eric Holder, asking for an investigation. (Editor’s Note: Press Associates Inc. contributed to this report.) 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