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McBath Questions NLRB General Counsel Carey on Prior Firm Role

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Topics in this report

Summary

The clip shows Rep. Lucy McBath (D-GA) questioning NLRB General Counsel Crystal Carey during a House hearing. McBath asks about Carey's nearly eight years as a partner at Morgan Lewis, whether the firm represents only management, and potential bias in unfair labor practice decisions. Carey confirms the background and denies bias. McBath then raises broader points on Trump-era pay-to-play concerns, case contacts, pension protections, and tax policy.

Editorial Assessment

The segment accurately recounts Carey's professional history at Morgan Lewis, a firm known for management-side labor work, and correctly cites the NLRA policy language and specific Democratic and Republican legislative actions on pensions and taxes. Viewers miss context on the General Counsel's statutory independence, the bipartisan nature of prior NLRB appointments, and data on case outcomes or contacts from both unions and employers. The framing presents one-sided Democratic talking points on union issues without rebuttal or balance from the witness or Republican members.

Key Moments

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Carey was a partner at Morgan Lewis for just under 8 years before NLRB GC role

Confirmed by NLRB bio and multiple reports; joined firm in 2018 after NLRB service.

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Democrats saved pensions of over 1.2 million Americans via American Rescue Plan

Biden administration announcements and DOL reports confirm over 1.2 million pensions protected under Butch Lewis Act provisions.

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Republicans changed law in Trump's first term to prevent union workers from deducting dues

TCJA 2017 eliminated miscellaneous itemized deductions including union dues.

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NLRA states policy to encourage collective bargaining and freedom of association

Direct quote from Section 1 of the National Labor Relations Act.

Notable Concerns

  • One-sided partisan questioning without opportunity for extended response on bias claims

Sources Consulted

  1. Former Morgan Lewis Partner Crystal S. Carey Sworn In as NLRB General Counsel
  2. Crystal Carey - General Counsel National Labor Relations Board
  3. General Counsel | National Labor Relations Board
  4. The NLRB Welcomes Crystal Carey as General Counsel
  5. Examining the Policies and Priorities of the NLRB
  6. US Department of Labor reports distressed pension assistance program has protected benefits for more than 1.2M workers, retirees, families
  7. FACT SHEET: President Biden Announces 1.2 Million Pensions Protected Under Biden-Harris Administration
  8. Why All Workers Should Be Able To Deduct Union Dues
  9. National Labor Relations Act
  10. The Law | National Labor Relations Board
  11. National Labor Relations Act (1935)
  12. Nominations of Crystal Carey to be General Counsel of the National Labor Relations Board