Ranking Member Cassidy Seeks Transparency from NLRB Regarding Gwynne Wilcox’s Expired Term Amid Delayed Nomination
WASHINGTON – Today, U.S. Senator Bill Cassidy, M.D. (R-LA), ranking member of the Senate Health, Education, Labor, and Pensions (HELP) Committee, urged the National Labor Relations Board (NLRB) to verify that it has officially terminated NLRB Member Gwynne Wilcox and removed her from all agency activities. This comes as Wilcox’s term on the NLRB officially expired on Sunday. Despite being re-nominated for a second term earlier this summer, Wilcox’s nomination has yet to be voted on by the Senate.
According to federal law, federal appointees whose service has ended are time-barred from conducting business related to their prior employment. With Wilcox’s term expired, Cassidy seeks guarantees that Wilcox will not have any influence over NLRB decisions or policy implementation, even in an unofficial capacity, while her renomination awaits a Senate vote.
“While the Senate expects to proceed to a cloture vote on her nomination, I seek assurances the [NLRB] has terminated her employment appropriately and is following all separation protocols for a federal appointee whose term has expired,” wrote Dr. Cassidy. “As such, it is imperative you protect the integrity of the Board and assure Congress that you have taken appropriate steps to remove former Member Wilcox from Board deliberations and actions until the Senate has acted.”
Read the full letter here or below.
Dear Chair McFerran:
Member Gwynne Wilcox’s term expired on August 27, 2023. While the Senate expects to proceed to a cloture vote on her nomination, I seek assurances the National Labor Relations Board (NLRB or Board) has terminated her employment appropriately and is following all separation protocols for a federal appointee whose term has expired. Further, I remind you that should former Member Wilcox be re-confirmed by the Senate, the NLRB must wait until it receives a signed Commission from the President before it swears her in.
The National Labor Relations Act (NLRA) does not have a holdover provision for Members and historically has not moved them to advisory roles while they await confirmation. In fact, Members whose term have lapsed are to vacate the building and have no contact with the NLRB in adherence of the Biden Administration’s Ethics Pledge,[1] to include representing clients before the Board or conducting NLRB business.[2]
Members of the Board are Presidentially appointed and Senate confirmed individuals. There is no precedent of moving a Member to an advisory position in expectation of confirmation. As such, it is imperative you protect the integrity of the Board and assure Congress that you have taken appropriate steps to remove former Member Wilcox from Board deliberations and actions until the Senate has acted.
Please provide answers regarding Member Wilcox’s term expiry on a question-by-question basis, rather than narrative format, to the following by September 1, 2023.
- Has former Member Wilcox been moved to an advisory role or separated from the Board?
- If she has been separated, does former Member Wilcox have access to any government computers, phones, or personnel to discuss NLRB work?
- Did the Designated Agency Ethics Officer or other Board personnel conduct an exit conference with Member Wilcox to inform her of any ethics obligations to recuse herself or not appear before the Board for the year after her term’s expiration?
- Please provide any and all documentation regarding the surrendering of former Member Wilcox’s access to government electronics, email systems, PIV card, or any other material that all government employees must complete upon separation.
- Please provide any and all documentation that former Member Wilcox has acknowledged her responsibilities related to the one year period that she is not to practice or appear before the Board.
Thank you for your prompt attention to this matter.
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