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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