Ethical Allegations Against NLRB Member Flynn

UPDATE:  The Wall Street Journal also has an artice on this matter, with some additional information, including the fact that Rep. Miller has referred the matter to AG Eric Holder, statements by Kirsanow that "I received no inside information whatsoever," and a note that Schaumber currently advices Mitt Romney on labor matters (neither Schaumber nor the Romney campaign would comment).]

The NLRB's IG just released a report into alleged ethical breaches by NLRB Member Flynn and found them to be meritorious.  They involve giving help and condifential information to former NLRB Member Schaumber and Kirsanow for some of their pending litigation when Flynn was Chief Counsel to Member Hayes; the IG also found that Flynn wasn't truthful during the investigation.  He also sent information to attorneys at his former firm, Crowell & Moring. You should definitely read the report, which goes through a long list of correspondence [ Download Flynn Report], but the Washington Post summarizes some of the bigger findings:

The board’s inspector general said Terence Flynn violated ethics rules by sharing confidential details on the status of pending cases and the likely votes of other members before decisions were released. A report from Inspector General David Berry also faulted Flynn for a “lack of candor” during the investigation. . . .

Flynn told attorneys representing clients before the board about pre-decisional votes, the early positions of other members, status of cases and the analysis of a pending rulemaking that was planned to streamline union elections, the report said.

In one instance, the report said, Flynn even helped an outside lawyer conduct research on how to attack a board rule that requires businesses to put up posters explaining union rights. . . .

I don't know what, if any, penalties Flynn could face--or for that matter Schaumber and Kirsanow who should've known that the assistance was improper.  The actions with Schaumber were particularly extensive.  There was less involvement with Kirsanow, but it's notable that he did not respond to the IG's requests for an interview.  In short, these are serious ethical violations and leaves a black mark on all three of these NLRB members.

Hat Tip:  Patrick Kavanagh

-JH