Comer Opens Probe into National Labor Relations Board Inspector General’s Efforts to Obstruct Congressional Oversight

Follows NLRB IG opening an investigation into lawful subpoena by Education and Workforce Committee Chairwoman Foxx

WASHINGTON —House Committee on Oversight and Accountability Chairman James Comer (R-Ky.) opened a probe into the National Labor Relations Board (NLRB) Office of Inspector General (OIG) over its efforts to undermine a legitimate congressional inquiry by investigating a subpoena issued by Committee on Education and the Workforce Chairwoman Virginia Foxx (R-N.C.) based on whistleblower accounts. In a letter to NLRB Inspector General David Berry, Chairman Comer requests all documents or communications between any employees of the NLRB and the OIG relating to the decision to initiate an investigation into the congressional subpoena.

“The Committee on Oversight and Accountability is investigating your attempt to undermine a legitimate congressional investigation by investigating a subpoena issued by Committee on Education and the Workforce (E&W Committee) Chairwoman Virginia Foxx to the National Labor Relations Board (NLRB) that was based on whistleblower accounts,” wrote Chairman Comer. “This is a novel attempt to redefine—and indeed, reverse—the relative powers of inspectors general and the body (i.e., Congress) that created them. The Oversight Committee is baffled by such absurd efforts to obstruct a congressional investigation by a retaliatory investigation initiated by an agency inspector general.”

On March 22, 2023, E&W Committee Chairwoman Virginia Foxx issued a subpoena to a whistleblower at the NLRB for documents required for the investigation and based on discussion with the NLRB whistleblower. However, on March 29, 2023, the OIG notified E&W Committee staff that he had initiated an investigation of the congressional subpoena itself.

“Despite halting your investigation, you appear not to have disclaimed the unprecedented contention that the OIG could investigate a congressional subpoena,” wrote Chairman Comer. “The Committee on Oversight and Accountability has initiated an investigation into you and your Office’s actions.”

Read the letter to NLRB IG Berry here.