A pair of Democratic legislators caught wind of an attempt by the White House to claw back funding for the National Labor Relations Board (NLRB)—a move that could potentially be illegal.
Sen. Patty Murray (D-Wash.) and Rep. Rosa DeLauro (D-Conn.) wrote a letter to the NLRB’s General Counsel Peter Robb on Wednesday, informing him that any decision to fund the board at levels lower than what Congress appropriated would be “an extreme act of bad faith” in violation of federal budget laws.
“We remind you that Congress, not the Administration, has the ultimate authority to set funding levels for executive branch agencies,” the lawmakers wrote.
The Trump administration had requested a 9 percent spending cut for the NLRB, but Congress kept the agency’s funding level at $724 million in its March budget deal.
Bloomberg reported earlier this month, however, that the White House’s Office of Management and Budget (OMB) had instructed the NLRB to reduce spending on its own, essentially ignoring congressionally mandated funding levels.
Peter Robb pushed ahead with reorganization plans. Those include limiting the power of regional directors, and more hasty consideration of unfair labor practice complaints and union elections. Critics warn this could hamper the NLRB’s ability to respond to abuses on the job.
There is a formal process known as “rescission,” by which the administration can temporarily freeze funding for an agency, and then go back to Congress for a new level to be set. Speaking to the House Ways and Means Committee last week, Labor Secretary Alexander Acosta said his department was working with OMB on a rescission proposal.
Murray and DeLauro noted, however, that formal steps for rescission have not yet been taken by the NLRB.
“Agencies may not withhold appropriated funds obligation in advance of submitting a special impoundment message,” they wrote.
The lawmakers asked for a “prompt reply” with assurances that the NLRB intends to comply with all applicable budget laws.
