Rep. George Miller requests documents on NLRB member's resignation threat

Rep. George Miller (D-Calif.) requested documents Wednesday on a resignation threat made by Brian Hayes, a member of the National Labor Relations Board (NLRB).

Miller, the ranking member on the House Education and the Workforce Committee, wrote a letter to Hayes and requested materials regarding his threat to resign, which he made last month to Mark Pearce, the labor board's Democratic chairman.

Hayes's resignation would leave just two members on the NLRB, preventing it from reaching a quorum and rendering it unable to issue new rulings and regulations.

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Pearce recounted the conversation in which Hayes made the resignation threat in a letter he sent to Hayes on Monday. Several members of Congress, including Miller, were copied onto that letter. 

"I have read reports of special interest organizations and individuals calling on you to resign precisely to incapacitate the board," Miller wrote in his letter to Hayes. "The open calls to resign, followed by the threats you allegedly have made, raise the specter of private requests as well. I am concerned that any decision to resign prematurely will be the result of objectionable motives or improper influence."

In his letter to Hayes, Miller cites calls for the NLRB Republican member to resign in an open letter from the website LaborUnionReport.com, which was cross-posted on the conservative-leaning blog RedState. South Carolina Gov. Nikki Haley (R) has also suggested that Hayes should resign.

Hayes's threat to resign comes before a key vote at the NLRB on Nov. 30 to approve parts of a proposed rule that would speed up union elections. The proposed regulation has labor's backing but has been heavily lobbied against by business groups and Republican lawmakers.

The NLRB was already expected to lose one member by the end of this year. Craig Becker's recess appointment will likely end in December, when Congress is expected to adjourn for the year.