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Congressional Correspondence in the Boeing Case

Return to Boeing complaint fact sheet.

On April 20, 2011, the Acting General Counsel of the National Labor Relations Board issued a complaint against the Boeing Company alleging that its decision on the location of an airplane production line violated federal labor law. (See details here). Below is a list of correspondence between various Congressional Committees and Members and the Office of General Counsel regarding the Boeing complaint.

Senate Committee on Health, Education, Labor and Pensions

May 3, 2011, Sens. Michael B. Enzi, Lamar Alexander, Richard Burr, Johnny Isakson, Rand Paul, Orrin G. Hatch, John McCain, Pat Roberts, Lisa Murkowski, and Mark Kirk to Acting General Counsel Lafe E. Solomon Expresses concern with April 20 complaint filed against Boeing and says committee will ask for explanation during confirmation process.

May 19, 2011, Sens. Tom Harkin, Barbara A. Mikulski, Jeff Bingaman, Patty Murray, Bernard Sanders, Robert P. Casey, Jr., Jeff Merkley, Al Franken, Sheldon Whitehouse, and Richard Blumenthal to Acting General Counsel Lafe E. Solomon Expresses support for the legal process and General Counsel's independence.

June 16, 2011, Sen. Michael B. Enzi to Chairman Wilma Liebman Requests information regarding the appointment of the Acting General Counsel.

June 24, 2011, Acting Deputy General Counsel Celeste Mattina to Sen. Michael B. Enzi Responds to information request on appointment of AGC.

August 11, 2011, Senator Tom Harkin to Chairman Wilma Liebman and Acting General Counsel Lafe E. Solomon. Expresses support for the NLRB's position that the subpoena issued by the House Committee on Oversight and Government Reform is overly broad and could violate the due process rights of parties in the case.


House Committee on Oversight and Government Reform

May 12, 2011, Reps. Darrell Issa, Dennis Ross, and Trey Gowdy to Acting General Counsel Lafe E. Solomon. Committee requests the complete case file from pending Boeing case.

May 26, 2011, Rep. Darrell Issa to Acting General Counsel Lafe E. Solomon. Committee requests testimony from Acting General Counsel at a field hearing in North Charleston, South Carolina.

May 27, 2011Acting Deputy General Counsel Celeste J. Mattina to the Committee. Expresses Agency's concern that disclosure of documents and information not available to the parties in the case could result in unfair advantage of one party over the other. Provides documents containing basic facts and legal theories of the case. States there has been no communication between the Office of General Counsel and the Board on this case.

June 3, 2011, Acting General Counsel Lafe E. Solomon to Rep. Darrell Issa. Informs Committee that presence of Acting General Counsel at South Carolina hearing - two days after the NLRB Boeing trial is set to begin in Seattle - could threaten the rights of the parties to a fair trial. AGC respectfully declines invitation to appear.

June 7, 2011, Rep. Darrell Issa to Acting General Counsel Lafe E. Solomon. Committee recognizes due process rights of parties in the case and expresses view that testimony at hearing does not jeopardize those rights. Requests reconsideration of invitation to avoid "compulsory process."

June 10, 2011, Acting General Counsel Solomon to Rep. Darrell Issa. Reiterates concern that premature disclosure of evidence and legal arguments are likely to have a negative impact on the rights of parties. Offers as alternatives: to provide written testimony, or to provide the Associate General Counsel, who does not have a direct role in the case.

June 14, 2011, Rep. Darrell Issa to Acting General Counsel Lafe E. Solomon. Committee rejects all offers and insists on presence of AGC at hearing.

June 17, 2011, Field Hearing in South Carolina (video). Chairman Issa rules that Committee Members may not ask for information that is "not discoverable by the defendant" - in other words,  information not yet available to Boeing in the Seattle court proceeding.

June 27, 2011, Rep Darrell Issa to Acting General Counsel Lafe E. Solomon. Forwards post-hearing question from Rep. Dennis Ross regarding a motion to intervene.

June 29, 2011, Acting General Counsel Lafe E. Solomon to the Committee. Agency sends additional documents to committee for review. In cover letter, requests the Committee Chairman apply his ruling from the hearing, which represents a 'fair balance' of interests.

July 12, 2011, Rep. Darrell Issa to Acting General Counsel Lafe E. Solomon. Chairman Issa rejects Agency view that his field hearing ruling should apply to the production of documents.

July 26, 2011, Acting General Counsel Lafe E. Solomon to Rep. Darrell Issa AGC reiterates his offer to provide documents as they become available to the parties at trial, in keeping with the Chairman's ruling at the field hearing, explaining that it "properly balances the Committee's legitimate informational needs with our legitimate needs to safeguard the due process rights of the parties and maintain the integrity of the ongoing legal proceeding."

July 28, 2011, Rep. Darrell Issa to Acting General Counsel Lafe E. Solomon. Chairman Issa reiterates his request for the immediate production of documents.

July 29, 2011, Acting General Counsel Lafe E. Solomon to Rep. Darrell Issa AGC seeks compromise and asks to work with Committee to avoid subpoena.

August 5, 2011, Subpoena issued by the House Committee on Oversight and Government Reform.

August 12, 2011, Acting General Counsel Lafe E. Solomon to Rep. Darrell Issa. Responds to the subpoena issued by Mr. Issa's committee.

September 19, 2011, Acting General Counsel Lafe E. Solomon to Rep. Darrell Issa.

October 11, 2011, Acting General Counsel Lafe E. Solomon to Rep. Darrell Issa.

October 21, 2011, Acting General Counsel Lafe E. Solomon to Rep. Darrell Issa.

October 28, 2011, Acting General Counsel Lafe E. Solomon to Rep. Darrell Issa.

House Committee on Education and the Workforce

May 5, 2011, Reps. John Kline and Phil Roe to Acting General Counsel Lafe E. Solomon. Committee inquires about AGC investigation of Boeing case and requests documents from open case file.

May 19, 2011, Acting Deputy General Counsel Celeste Mattina to Reps. John Kline and Phil Roe. Explains Boeing investigation and expresses concern that disclosure of documents and information not available to the parties in the case could result in unfair advantage of one party over the other. Provides documents containing basic facts and legal theories of the case.


House Appropriations Committee: Subcommittee on Labor, Health and Human Services, Education and Related Agencies

June 6, 2011, Rep. Denny Rehberg to Acting General Counsel Lafe E. Solomon Requests precedent supporting the Boeing complaint.

June 24, 2011, Acting Deputy General Counsel Celeste Matting to Rep. Denny Rehberg Provides case documents containing legal authority for the Boeing complaint.

 

Letter from Representatives

May 13, 2011, Rep. Joe Wilson, Trey Gowdy, Virginia Foxx, Duncan D. Hunter, Tim Walberg, Scott Deslarias, Todd Rokin, Kristi Noem, Martha Roby, Dennis Ross, and Mike Kelly to Acting General Counsel Lafe E. Solomon Expresses concern for "bureaucratic activism" by the Office of General Counsel.

 

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