KGIII Matchup
Kimberly Howell (Chairman of the CIGIE Integrity Committee and IG of the Corporation for Public Broadcasting)
vs.
Kathleen McKinney (NLRB)
Who’s the boss? Kimberly Howell serves as “Chairperson” of the Council of the Inspectors General on Integrity and Efficiency’s Integrity Committee. Committee members are not directly appointed by the President nor confirmed by the Senate, and, as a result, they are not politically accountable in any way. Despite this unconstitutional structure, the committee has significant power to obstruct the work of agency inspectors-general who have been so nominated and confirmed.
Who needs evidence? NLRB Regional Director Kathleen McKinney sought and obtained a preliminary injunction against Starbucks requiring the company to reinstate terminated employees pending the outcome of administrative proceedings. McKinney’s preliminary injunction was based on flimsy evidence, since the NLRB was required to meet a very lenient standard to secure injunctions against employers. The good news is that the Supreme Court agreed with the amicus brief NCLA filed in the case and said that courts must apply the same traditional four-part test to NLRB that everyone else must meet when seeking a preliminary injunction.
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