Saying he did not know it was against the law to use federal funds to lobby voters, Gould responded by having his previous statements against the initiative removed from the NLRB's Internet web site. The NLRB sent out a press release over the PRNewswire service highlighting Gould's remarks, and posted his testimony on the agency's web site. Members and staff of the House of Representatives' Subcommittee on Labor Health and Human Services and Education pointed out Gould's comments violated laws, including the Labor Appropriations Act, barring federal agencies from using federal funds for lobbying activity. Gould has been criticized before for his partisanship.
Employees can authorize such deductions by signing a form on an annual basis.
The language of the initiative also makes no reference to employers recording the political activity of any group. Furthermore, charities are prohibited by law from engaging in political activity at the risk of losing their non-profit tax status. Violators are subject to fines and a revocation of this status by the Internal Revenue Service. Both recently announced they are leaving the investigation. Labella told Republican senators on May 6 that he recommended appointing an independent prosecutor, but Reno refused.