Another POTUS 47 Firing—NMB This Time
Hamilton told Railway Age by phone Oct. 16 that she is exploring her legal options, as the firing—much as with that of Surface Transportation Board (STB) member and Democrat Robert E. Primus and Democratic members of the Federal Trade Commission (FTC) and National Labor Relations Board (NLRB)—are contrary to statute.
Although Hamilton’s term expired in June, the NMB’s statute provides that members may continue to serve beyond term expiration until a successor is Senate-confirmed. (Note that the STB statute provides STB members may serve a maximum of 12 months following term expiration. Primus was in the midst of second term.)
Primus, as well as the FTC and NLRB Democrats terminated by POTUS 47, have filed separate lawsuits challenging their terminations. The FTC and NLRB Democrats were granted injunctive relief by a federal district court, nullifying their terminations, but the Supreme Court delayed the effectiveness of the lower court ruling pending further litigation—the law not settled as to court authority to order reinstatement.
The NMB is an independent (from Executive Branch) federal regulatory agency that administers the 1926 Railway Labor Act (RLA), which governs labor relations in the airline and railroad industries. It was created in 1934 by amendment to the RLA and its members are nominated by the POTUS and confirmed by the Senate for three-year terms, with no limitation on the number that may be served. (STB, by contrast, limits members to two five-year terms.)
The NMB’s primary function is to minimize work stoppages through dispute resolution procedures such as mediation and arbitration. It also resolves union-representation disputes and maintains a list of qualified arbitrators from which a POTUS chooses for appointment to Presidential Emergency Boards that investigate and make non-binding recommendations for dispute resolution following a collective bargaining impasse.
Unlike the STB, where the POTUS designates the chairperson, the NMB chairperson rotates annually. When reached by phone Oct. 16, NMB Chairperson Loren Sweatt told Railway Age, “I have no comment [on Hamilton]. Have a good day.”
Hamilton was nominated by President Joe Biden and confirmed by the Senate in December 2021. She previously was a staff attorney with the Teamsters Union, working exclusively in its Airline Division, and earlier was a staff attorney with the Association of Flight Attendants. Hamilton earned an undergraduate degree from Oberlin College and a law degree from the University of Michigan.
Sweatt, with a long congressional staff career including at the Senate Health, Education, Labor and Pensions Committee, was Senate-confirmed in 2024 following nomination by Biden.
Puchalla, previously an NMB mediator and president of the Association of Flight Attendants, was first nominated by President Barack Obama and Senate-confirmed in 2009. She is among the longest serving of NMB members. The longest serving was Republican Francis A. O’Neill Jr.—1947-1971—who was nominated by President Harry S. Truman and renominated by Presidents Dwight D. Eisenhower, John F. Kennedy and Lyndon B. Johnson.