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DOGE Access at the National Labor Relations Board Raises Data Security Concerns

By Micky Devitt, Esq

A whistleblower at the National Labor Relations Board (NLRB) has reported that the Department of Government Efficiency, or DOGE, has accessed the agency’s internal data systems, extracted data, and may have opened the agency up to larger data security breaches. DOGE’s mission is reported to include reviewing agency data for compliance with administration policies and to cut costs, but that data should remain protected.

The NLRB’s case management database is a massive trove of confidential information and documentation about unions, businesses, and individual workers and union activists. The NLRB gathers this information for its investigations of unfair labor practices and to hold union elections. These documents normally are safeguarded carefully to maintain confidentiality of individuals’ private information as well as sensitive financial, proprietary, and strategic information provided by companies and unions.

When DOGE engineers were granted access to these systems, NLRB technology staffers reported a large volume of data leaving the agency’s control, which is very unusual. They also detected failed login attempts from a Russian IP address, but using valid usernames and passwords. Most concerning, the DOGE team asked NLRB staffers not to log their activities on the system and then took steps to hide their activities and turn off monitoring tools while they were in the agency’s records. Democrats in the U.S. House of Representatives have demanded an investigation by the Inspector General at the NLRB into this possible ”technological malfeasance.”

The data breach also could compromise the NLRB’s investigations of unfair labor practices if parties under investigation gain access to investigative files. Tesla and SpaceX, two companies owned by Elon Musk, who is leading DOGE, both have open cases under investigation at the NLRB. SpaceX has been arguing in federal courts that the agency is unconstitutional. If those arguments win, it would have serious consequences for labor unions and workers.

The experienced labor attorneys at Willig, Williams, & Davidson recognize that the National Labor Relations Board plays a critical role in safeguarding the rights of working Americans. We are prepared to fight to protect the integrity of NLRB investigations, which is essential to ensure that workers nationwide are treated fairly and retain the ability to organize without fear.

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