NLRB’s Lafe Solomon Admits to Ex Parte Communications

Image source: Flickr user NABET-CWA

In November, Cause of Action sent a request for investigation to the National Labor Relations Board regarding improper communications between former Member and Chairman Wilma Liebman and Acting General Counsel Lafe Solomon. We have just received an update from the NLRB to a FOIA request we sent on this matter, and what we were told is worth noting.

In communications that were delivered to us via FOIA production, Cause of Action found through redacted emails that Solomon and Liebman were communicating about a press strategy regarding the case that the NLRB brought against Boeing. As Cause of Action has previously pointed out, the NLRB’s own ex parte rules prohibit communications with outside, interested persons. In this case, Liebman and Solomon should have had no communications about the Boeing case, as Solomon was the acting counsel on the case. Doing so in regard to a press inquiry is a clear violation of these rules.

In a letter from

Lafe Solomon to CoA dated April 9, 2012, the NLRB states that, “The previously redacted portions of these documents, in fact, demonstrate that Agency's internal deliberations were structured to specifically respond to the two questions posed by the CNN producer.”

Solomon clearly acknowledges what we found in the emails: That he and Wilma Liebman were engaged in communications about press strategy concerning the Boeing case. With Solomon acting as the General Counsel, will we ever see an investigation into this most recent example of the NLRB acting in its own interests, and even violating rules?  Or will this Board continue to behave as if it has no accountability?

Some of the redacted emails we received via FOIA to the NLRB:

NLRB-FOIA-U00002880

NLRB-FOIA-00002900

NLRB-FOIA-00002849

NLRB-FOIA-00002858

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Coin for Coins: Cause of Action Demands Agencies Reveal Wasteful Spending on Commemorative Items

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The Hill: GSA fallout: Watchdog group probes 28 federal agencies for wasteful spending

Read the full story here. The Hill

“Cause of Action, a government accountability watchdog group, has filed Freedom of Information Act (FOIA) requests to 28 federal agencies seeking any evidence that they used taxpayer dollars to buy commemorative awards.

The group’s request followed this week’s report from the General Services Administration’s Inspector General, which found that GSA spent more than $800,000 on a lavish conference in Las Vegas. That report prompted GSA Administrator Martha Johnson to resign.

Cause of Action’s FOIA request notes that GSA spent $6,325 on commemorative coins that were not permissible awards to conference attendees, and asks each of the 28 agencies to detail if they too spent money on these types of awards. “Our economy is facing a recession, our government can’t pass a budget, and federal agencies http://goexback.com/ how to get your ex backare choosing to spend taxpayer dollars on trinkets for their employees or third parties,” Cause of Action Executive Director Dan Epstein said. “Instead of preserving our tax dollars for necessary spending, these agencies have traded coin for coins that hold no value. This is yet another example of frivolous and wasteful government spending that deserves to be exposed.”

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Dan Epstein on FoxNews.com: Does it take a lawsuit for the White House to be transparent?

Read the full story here. Fox News

“Dan Epstein writes on FoxNews.com today, “On his very first day in the White House, the president remarked “transparency and the rule of law will be the touchstones of this presidency.” So when Cause of Action asked the Office of Management and Budget(OMB) to release documents that might indicate some coordination between federal agencies and members of Congress on administrative earmarks, in addition to concerns that grant dollars were not being doled out competitively, there should have been no objection.

But the OMB has failed to release these documents. So Cause of Action is taking the White House to court, because taxpayers deserve to know if federal agencies are working behind the scenes with members of Congress to create pet projects with their tax dollars. In an era where transparency is not just touted, but promised, it is incredibly disappointing to be faced with an administration that refuses to cooperate.”

CoA’s Statement for the Record in FOIA Hearing before House Oversight Committee

Cause of Action submitted a statement for the record as part of a Congressional hearing on March 21, 2012 on FOIA technology. In an effort to educate the public and Congress on CoA’s experiences with FOIA requests and the problems with the current system of filing and receiving responses through the federal government, CoA offered the following statement: CoA Statement for the Record 3 19 2012

Heritage Foundation: Heritage Investigation Leads to Lawsuit Against the White House

Read the full story here. Heritage Foundation

“A public advocacy organization is suing the White House for failing to disclose its administrative earmarks, and cites a Heritage Foundation investigation as evidence.

Cause of Action, an organization that uses public advocacy to ensure transparency in government, announced its suit last week.”

 

CoA Asks National Archives to Release FCIC Records

Potential Conflicts of Interest Abound Between FCIC Staff and Outside Entities Involved in Suing Banks Targeted by FCIC

Cause of Action sent a Freedom of Information Act Request to the National Archives seeking the release of records it maintains from the Financial Crisis Inquiry Commission, the body tasked with investigating the causes of the 2008 financial crisis.  Prior to the release of the Commisssion’s report, U.S. House Committee on Oversight and Government Reform Chairman Darrell Issa (R-CA) raised questions concerning the potential conflicts of interest that existed between Commission staff and several outside entities involved in suing banks targeted by FCIC.  Oversight Committee Ranking Member Elijah Cummings (D-MD) recently released a report finding that several of the decisions of the FCIC may have been politically motivated.

Read CoA’s request here.